Allen v. Crary
New York Supreme Court
This was an action of replevin, tried at the Washington circuit in November, 1830, before the Hon. Esek Cowen, one of the circuit judges. The plaintiff sued out a plaint in replevin, for certain articles of personal property levied upon by a deputy sheriff of the county of Washington, by virtue of an execution in favor of the defendant against one Rowan.
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This was an action of replevin, tried at the Washington circuit in November, 1830, before the Hon. Esek Cowen, one of the circuit judges. The plaintiff sued out a plaint in replevin, for certain articles of personal property levied upon by a deputy sheriff of the county of Washington, by virtue of an execution in favor of the defendant against one Rowan. The execution was delivered to the deputy by the defendant, who pointed out the property and directed the deputy to levy upon it; the deputy went to the places where the property was, informed the persons in possession that he had levied upon…
1Opinion of the Court
By the Court,
Sutherland, J.
The only question in this case is, whether replevin will lie against a plaintiff' in an execution, by whose direction it is levied upon specific articles of property, which prove not to belong to the defendant in the execution, but are the property of a third person. Replevin will lie for any tortious or unlawful taking of the property of another; it will lie where trespass de bonis asportutis can be sustained. Roth these points were adjudged in Pangburn v. Patridge, 7 Johns. R. 140, and Dunham v. Wyckoff, 3 Wendell, 280, and cases there cited. To maintain trespass…
2Cases cited1 opinion
- Dunham v. WyckoffNew York Supreme Court · 1829
3Cited by35 opinions
- Knapp v. . SmithNew York Court of Appeals · 1863
- Boyce v. . BrockwayNew York Court of Appeals · 1865
- Fonda v. Van HorneNew York Supreme Court · 1836
- Suzuki v. SmallAppellate Division of the Supreme Court of the State of New York · 1925
- Stewart v. Wells & JohnsonNew York Supreme Court · 1849
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