Rotan v. Fletcher
New York Supreme Court
IN ERROR, on certiorari to a justice’s court. This was an action of trover brought by the defendant in error against the plaintiff in error, for taking a cow.
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IN ERROR, on certiorari to a justice’s court. This was an action of trover brought by the defendant in error against the plaintiff in error, for taking a cow. The defendant in error, who was plaintiff in the court below, proved that the cow was delivered to him, as his property, by Mrs. Hemmway, the wife of Thomas Hemmway, to whom the cow belonged, and who had absconded, and that the plaintiff said, that for the, sake of securing an old debt, he would give Mrs. Hemmway 30 dollars for the cow: and that the cow was taken away by the plaintiff and put into the possession of one Stone, from whom…
1Per curiam
It appeared from the plaintiff’s own. showing, that the cow in question was taken by virtue of an attachment against Hemmway, and it is fairly to be inferred that the defendant in the court below was aiding and assisting the constable in the execution of the attachment: but independent of this, the evidence on the part of the plaintiff, should have been admitted; the action was trover, and it was competent for the defendant to prove property in a third person. The pretended sale from Mrs. Hemmway did not transfer the property to the plaintiff below. She had no authority to sell the cow ; and,…
2Cited by1 opinion
- P. J. Willis & Bro. v. HudsonTexas Supreme Court · 1885