Otis v. Jones
New York Supreme Court
This was an action of trover for a pair of horses of the Value of $110, tried at the Clinton circuit in January, 1837, before the Hon. John Willard, one of the circuit judges.
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This was an action of trover for a pair of horses of the Value of $110, tried at the Clinton circuit in January, 1837, before the Hon. John Willard, one of the circuit judges. The defendant, Jones, being the assignee of a note made by the plaintiff, Otis, and payable to one Rodolphus M. Farnum in boots and shoes, obtained an attachment in his own name from a justice of the peace against Otis, on which process, a constable took the horses in question from the possession of Otis and delivered them to Jones for safe keeping. This was in April or May, 1836. On the return of the attachment, Jones…
1Opinion of the Court
By the Court,
Bronson, J.
Assuming that the first and second attachments were both regular, still the sale of the horses in June, on an execution in favor of Jones, when there was no judgment to support the execution, was clearly wrongful, and a conversion of the property. Reynolds v. Shuler, 5 Cowen, 323. And besides, Jones was himself the purchaser at the sale, and held the horses about three months under this void title. It is impossible to deny that there was a conversion. Indeed it was so ruled at the circuit.
But the judge held that the second sale, which took place in September, and on…
2Cases cited1 opinion
- Hanmer v. WilseyNew York Supreme Court · 1837
3Cited by22 opinions
- Woods v. AyresMichigan Supreme Court · 1878
- Wehle v. . ButlerNew York Court of Appeals · 1874
- Lyon v. YatesNew York Supreme Court · 1868
- Bowman v. HazenSupreme Court of Kansas · 1904
- Hanselman v. KegelMichigan Supreme Court · 1886
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