Salmon v. Orser
The Superior Court of New York City
The action was brought to recover damages for the wrongful seizure, taking, and carrying away by the defendant of three coaches belonging to the plaintiff. Judgment was demanded for $1,350, besides costs. • The answer denied the possession and ownership of the plaintiff, and justified the seizure under an execution against the goods of one Charles Hannan, who, it was alleged, was the true owner of the property.
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The action was brought to recover damages for the wrongful seizure, taking, and carrying away by the defendant of three coaches belonging to the plaintiff. Judgment was demanded for $1,350, besides costs. • The answer denied the possession and ownership of the plaintiff, and justified the seizure under an execution against the goods of one Charles Hannan, who, it was alleged, was the true owner of the property. The cause was tried before Campbell, J., and a jury, in February, 1855. The plaintiff proved, and read in evidence,- a bill of sale, dated the 1st of October, 1858, by which Charles…
1Opinion of the Court
By the Court. Woodruff, J
1. The charge of the Judge *515on the trial is in substantial conformity with the requests made by the defendant’s counsel, except in one particular, viz., the fourth request. “ That unless the jury find that the plaintiff has proved that the sale was made in good faith and without an intent to defraud creditors, they must render a verdict for the defendant, even though there was an immediate delivery of the property, followed by an actual and continued change of possession.”
The Judge very properly refused so to charge. The counsel proposed to impose upon the plaintiff…
2Cases cited1 opinion
- Randall v. ParkerThe Superior Court of New York City · 1849
3Cited by2 opinions
- Darling v. HurstMichigan Supreme Court · 1878
- Grosvenor v. Atlantic Fire InsuranceThe Superior Court of New York City · 1857