Higgins v. Whitney
New York Supreme Court
Certiorari to the municipal court of Brooklyn. Whitney sued Higgins in the court below in trespass, for breaking and entering his house, and taking and carrying away a carpet, bureau, and other goods and [ *380 ] chattels of the plaintiff. ‘'On the trial, the defendant attempted to justify under an assignment of the property to him by the plaintiff ; but the assignment was rejected, on a ground which need not be noticed.
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Certiorari to the municipal court of Brooklyn. Whitney sued Higgins in the court below in trespass, for breaking and entering his house, and taking and carrying away a carpet, bureau, and other goods and [ *380 ] chattels of the plaintiff. ‘'On the trial, the defendant attempted to justify under an assignment of the property to him by the plaintiff ; but the assignment was rejected, on a ground which need not be noticed. The defendant .then offered to prove, in mitigation of damages, that the goods had subsequently been taken out of his custody by virtue of a landlord’s warrant, to pay the…
1Opinion of the Court
By the Court,
Bronson, J.
When property has been tortiously taken, the owner is not only entitled to an action, but to full compensation in damages ; and he can neither be deprived of the one nor the other by any mere act of the wrong-doer, as by an unaccepted offer to return the property, or causing it to be subsequently taken on legal process in his oion favor against the owner. Hanmer v. Wilsey, 17 Wendell, 91. Otis v. Jones, 21 id. 394. In the last case I remarked, that had there been a salo before suit brought, on legal process against the owner in favor of some person other than the…
2Cases cited1 opinion
- Hanmer v. WilseyNew York Supreme Court · 1837
3Cited by24 opinions
- Curtis v. WardSupreme Court of Connecticut · 1850
- Ball v. . LineyNew York Court of Appeals · 1871
- Wehle v. . ButlerNew York Court of Appeals · 1874
- Dahill v. BookerMassachusetts Supreme Judicial Court · 1885
- Dalton v. LaudahnMichigan Supreme Court · 1873
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