Ransom v. Wetmore
New York Supreme Court
THIS action was commenced in a justice’s court, before Erastus T. Peck, Esq. a justice of the peace of Durham in the county of Greene, by the appellants, to recover against the • respondent, for the alleged wrongful tailing and conversion of fifteen sheep.
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THIS action was commenced in a justice’s court, before Erastus T. Peck, Esq. a justice of the peace of Durham in the county of Greene, by the appellants, to recover against the • respondent, for the alleged wrongful tailing and conversion of fifteen sheep. The defendant denied the complaint, and also set up as special matter that he was the owner of the sheep; that they were in the plaintiffs’ flock; that the plaintiffs consented and allowed the defendant to sort and pick them out, and that thereupon he took the same and drove them away, &c. The trial of the cause was commenced before said…
1Opinion of the Court
By the Court,
Miller, J.
I think the justice erred in denying the motion for a nonsuit. The action sounded in tort, and was for the wrongful taking and conversion of the plaintiffs’ sheep by the defendant.' It appeared upon the trial, from the uncontradicted evidence in the case, that the *106defendant, claiming to have lost some of his sheep, called upon the plaintiffs and with their assent examined their flock for the purpose of ascertaining whether the defendant's sheep were among them. The defendant, with the consent and permission of the plaintiffs, took the sheep which he supposed to be his.…
2Cases cited3 opinions
- Walter v. . BennettNew York Court of Appeals · 1857
- Mayor of New York v. Parker Vein Steamship Co.The Superior Court of New York City · 1861
- Texier v. GouinThe Superior Court of New York City · 1856
3Cited by10 opinions
- Place v. . MinsterNew York Court of Appeals · 1875
- Clews v. BainbridgeNew York Supreme Court · 1873
- Butler v. LivermoreNew York Supreme Court · 1868
- Whitcomb v. HungerfordNew York Supreme Court · 1864
- Bigelow v. DunnNew York Supreme Court · 1868
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