Brewster v. . Silliman
New York Court of Appeals
Appeal from judgment of General Term of third district affirming judgment entered on referee’s report in favor of the plaintiffs. The action was brought in the month of September, 1861, to recover possession of two canal boats or their value, which, it was alleged, had been taken by the defendants.
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Appeal from judgment of General Term of third district affirming judgment entered on referee’s report in favor of the plaintiffs. The action was brought in the month of September, 1861, to recover possession of two canal boats or their value, which, it was alleged, had been taken by the defendants. The cause was referred, and it appeared upon the trial before the referee, that on the 3d of September, 1861, the plaintiff, Ulysses B. Brewster, deceased, was the owner of the canal boats in question, and the defendants wrongfully seized and took possession of said boats by virtue of attachment…
1Opinion of the Court
It is insisted by the defendants' counsel that the referee erred upon the trial in allowing the plaintiff to prove the value of a portion of the property before it was taken by the officer, and before the defendant exercised any control over it. The first witness by whom evidence of this character was given was a ship carpenter, who had repaired one of the boats in question, about one year prior to its conversion by the defendants. He had, therefore, knowledge of its value at this time, and, as it was afterward proved that the boat was in as good condition when it was taken by the defendants…
2Cited by26 opinions
- Pease v. . SmithNew York Court of Appeals · 1875
- Allen v. . FoxNew York Court of Appeals · 1873
- Luedde v. HooperTexas Supreme Court · 1902
- Coward v. SutfinCourt of Appeals of Texas · 1916
- Commerce Exchange National Bank of Chicago v. BlyeNew York Court of Appeals · 1890
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