Eldridge v. Adams
New York Supreme Court
THIS is an application for judgment upon a verdict subject to the opinion of the court at general term. The action was for wrongfully taking and carrying away and converting a. certain buggy wagon of the value of $250, for which sum the complaint demanded judgment.
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THIS is an application for judgment upon a verdict subject to the opinion of the court at general term. The action was for wrongfully taking and carrying away and converting a. certain buggy wagon of the value of $250, for which sum the complaint demanded judgment. The answer, first, denied the complaint; second, averred that after the alleged taking, and before action, the defendant returned the buggy to the plaintiff’s possession, in better condition than at the time of the alleged taking, and that the plaintiff has ever since retained it. Third, that in July, 1864, the plaintiff kept a…
1Opinion of the Court
By the Court,
James, J.
Hpon the foregoing facts and verdict, the plaintiff moved at the last general term for judgment for $200 damages. This motion was resisted by the defendant, who demands judgment in his favor, for costs.. Although all forms of action were abolished by the Code, the principles by which the different forms of action were previously governed still remain, and now, as much as *420formerly, control in determining' the rights of parties. In pleading, a party is now to state the facts on which he relies to sustain a recovery, and if issue be taken thereon, he will be entitled to…
2Cases cited2 opinions
- Connah v. HaleNew York Supreme Court · 1840
- Bristol v. BurtNew York Supreme Court · 1810
3Cited by4 opinions
- Wamsley v. . Atlas Steamship Co.New York Court of Appeals · 1901
- Bartle v. BartleWisconsin Supreme Court · 1907
- O. J. Gude Co. v. FarleyAppellate Terms of the Supreme Court of New York · 1898
- Donovan v. SheridanThe Superior Court of New York City · 1874