Hyde v. Stone
New York Supreme Court
This was an action of trover, tried at the Chenango circuit, in December, 1829, before the Hon. Samuel Nelson, then one of the circuit judges.
Read the full summary
This was an action of trover, tried at the Chenango circuit, in December, 1829, before the Hon. Samuel Nelson, then one of the circuit judges. The defendant rnarried the mother of the plaintiff in 1808, she then being a widow, and having an only son, the plaintiff in this cause, who was born in September, 1800, and having in her possession household furniture, farming utensils, and other personal property, worth about $215, left by her former husband, G. Hyde, the father of the plaintiff; of which property the defendant, on his marriage, took possession. The mother of the plaintiff died about…
1Opinion of the Court
By the Court,
Sutherland, J.
When this case was before the court on a former occasion, 9 Cowen, 230, it was held that trover would lie, although it was intimated by the judge who delivered the opinion of the court, that account would have been the more appropriate action. There can be no question that the action is well brought in point of form, and that it is sustained by the evidence.
The argument of the defendant’s counsel, against this form of action, is principally founded upon the assumption, that the property in question came to the possession of the defendant as guardian or trustee for…
2Cited by52 opinions
- Richmond v. Dubuque & Sioux City R. R.Supreme Court of Iowa · 1871
- Wilson v. . City of TroyNew York Court of Appeals · 1892
- McCormick v. . Pennsylvania Central R.R. Co.New York Court of Appeals · 1872
- Segelken v. . MeyerNew York Court of Appeals · 1884
- Woodin v. BagleyNew York Supreme Court · 1835
47 more not listed; retrieve them via the Exa API.