Risley v. Squire
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. This action was for the claim and delivery of personal property, being five bags of chiccory, valued at $35.48, with damages for the detention thereof. The defendants, in their answer,' set up several defenses: 1st. A general denial. 2d. That they had a lien upon said goods for storage. 3d. That the plaintiff was not the real party in interest. 4th. A former action pending for the same cause of action.
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APPEAL from a judgment entered upon the report of a referee. This action was for the claim and delivery of personal property, being five bags of chiccory, valued at $35.48, with damages for the detention thereof. The defendants, in their answer,' set up several defenses: 1st. A general denial. 2d. That they had a lien upon said goods for storage. 3d. That the plaintiff was not the real party in interest. 4th. A former action pending for the same cause of action. The action was referred and tried before a referee. Upon the trial it appeared that on February 28, 1863, A. Blume & Co. stored with…
1Opinion of the Court
By the Court, Clerke, P. J.
The findings of fact cannot be disturbed by us. There is not only some evidence tending to support them, but the referee would have clearly erred, if he had come to any other conclusion. He finds that the plaintiff was the owner of the five bags of chiccory; that possession was demanded from the defendants and all legal charges were tendered; that they refused to surrender these bags, .and that they had no right to charge four cents, and were only entitled to three cents per month. - The only question in the case, in which there was room for any reasonable doubt, is…
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