Taplin v. Wilson
New York Supreme Court
APPEAL by plaintiff from a judgment in favor of defendant entered upon the report of a referee. The action was brought by Clinton Taplin against Abraham Wilson to recover the value of personal property alleged to have been wrongfully converted by defendant. The plaintiff married Mary Ann, a daughter of the defendant. She died childless, in October, 1870. After her marriage the defendant furnished her certain articles of bedding, and gave her money to buy furniture.
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APPEAL by plaintiff from a judgment in favor of defendant entered upon the report of a referee. The action was brought by Clinton Taplin against Abraham Wilson to recover the value of personal property alleged to have been wrongfully converted by defendant. The plaintiff married Mary Ann, a daughter of the defendant. She died childless, in October, 1870. After her marriage the defendant furnished her certain articles of bedding, and gave her money to buy furniture. She bought furniture with this money, and the furniture and bedding were taken to the plaintiff’s house. They were used there in…
1Opinion of the CourtLearned, P. J.
Whether there were one or two feather beds was a question of fact. The schedule of articles demanded mentions one. And it was that schedule which, it was admitted by the defendant, contained a list of the property taken. There was some evidence conflicting, but the finding of the referee should *504govern. It is not necessary to examine as to the mirror and three quilts. The plaintiff himself helped to do up the mirror-when it was taken.
In the view I take of this case, it is unnecessary to decide whether, in the light of the decision in Barnes v. Underwood, 47 N. Y. 351, the plaintiff could…
2Cases cited7 opinions
- Westerlo v. . De WittNew York Court of Appeals · 1867
- Lyon v. RichmondNew York Court of Chancery · 1816
- Barnes v. . UnderwoodNew York Court of Appeals · 1872
- Farmers' Bank of Amsterdam v. BlairNew York Supreme Court · 1865
- Jacobs v. . MorangeNew York Court of Appeals · 1871
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