Brown v. Thurber
New York Court of Common Pleas
Appeal from an order of the general term of the Marine Court of the City of New York, reversing a judgment of that court entered upon the verdict of a jury, and directing a new trial.
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Appeal from an order of the general term of the Marine Court of the City of New York, reversing a judgment of that court entered upon the verdict of a jury, and directing a new trial. The action was brought by Arthur A. Brown to recover damages for the alleged conversion by the defendants of six barrels of stock ales, the ownership of which was claimed by Brown, but which, being in the possession of a dealer in liquors named Michael Healy, were levied upon and sold under an execution issued on a judgment recovered by the defendants in this action against Healy. Upon the trial of the action…
1Opinion of the CourtVan Hoesen, J.
This case was carefully tried by the experienced justice who presided at the trial term of the Marine Court, and there are no errors which I have been able to discover in his charge or in his rulings during the trial. He clearly stated to the jury the questions of fact on which they were to pass, and the rules of law applicable to the facts. I can find nothing in the case to justify the assertion of the respondent that questions of law were submitted to the jury for decision. Counsel for both parties felt it to be their duty to present, at the close of the evidence, a long-drawn-out series of…
2Cases cited4 opinions
- Rawson v. . Pennsylvania Railroad Co.New York Court of Appeals · 1872
- Meeker v. . WrightNew York Court of Appeals · 1879
- Seymour v. . FellowsNew York Court of Appeals · 1879
- Thompson v. Commissioners for Loaning Certain Moneys of the United StatesNew York Court of Appeals · 1879