Dillenback v. Jerome
New York Supreme Court
TROVER for a mare, wagon, harness, and two neckyokes; tried at the Ohenango circuit, July 8th, 1826, before Ni~LspN, 0. Judge. At the trial, the fo1~owing facts were in evidence: Luther Alexander, a constable, on the 17th of November, 18~5, 1evi~ed on the mare and harness, by virtue of t~s~o justice's executions~, in favor of Rathbone, against Oross and Le Barron..
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TROVER for a mare, wagon, harness, and two neckyokes; tried at the Ohenango circuit, July 8th, 1826, before Ni~LspN, 0. Judge. At the trial, the fo1~owing facts were in evidence: Luther Alexander, a constable, on the 17th of November, 18~5, 1evi~ed on the mare and harness, by virtue of t~s~o justice's executions~, in favor of Rathbone, against Oross and Le Barron.. Cross had before mortgaged the wagon to secure $60 to Rathbone, who authorized the constables at the time of the levy, to take the wagon and sell it, to J 7 rm i i pay a balance due upon the mortgage. The constable went to Cross,…
1Opinion of the Court
Curia, per Savage, Ch. J.
The principal question is, whether the action of trover can be sustained by the plaintiff.
In order to maintain trover, the plaintiff must have either an absolute or a special property in the -subject of the action. The property of personal chattels draws to it *297the possession. He’who has a special property may main tain trover, when'the goods are taken from his possession, as a factor, a carrier, an agistor. (2 Saund. 47 a, note (1.) g0; a constable, who has seized goods on an execution, may maintain trover - against a stranger who takes them away, or converts them. (6…
2Cases cited9 opinions
- Commonwealth v. MorseMassachusetts Supreme Judicial Court · 1817
- Ludden v. LeavitiMassachusetts Supreme Judicial Court · 1812
- Putnam v. WyleyNew York Supreme Court · 1811
- Barker v. MillerNew York Supreme Court · 1810
- Waterman v. RobinsonMassachusetts Supreme Judicial Court · 1809
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Suydam v. Jenkins, SheriffThe Superior Court of New York City · 1850
- Marsden v. . CornellNew York Court of Appeals · 1875
- The People v. . BennettNew York Court of Appeals · 1867
- Walker v. BorlandSupreme Court of Missouri · 1855
- State v. LawlerSupreme Court of Missouri · 1895
13 more not listed; retrieve them via the Exa API.