Brush v. Batten
New York Supreme Court
Appeal by defendant from an interlocutory judgment, entered on a special verdict at the circuit, and from an order of special term denying her motion for a new trial on case and exceptions.
1Opinion of the CourtDwight, J.
—The action was trover for the conversion of a quantity of household goods of the plaintiff, taken on attachment and execution, against her husband, and sold by the defendant.
The goods were seized on board the cars at Suspension Bridge in transitu from Toronto to South Grange, New Jersey. They were mingled in boxes, crates and other packages with other household goods, not claimed by the plaintiff, but then and now alleged by the defendant to be the property of the plaintiff’s husband and also seized as such. All had been shipped in the name of the plaintiff’s, husband, consigned to himself…
2Cases cited3 opinions
- The People v. . Bank of North AmericaNew York Court of Appeals · 1879
- Samson v. . RoseNew York Court of Appeals · 1875
- Frost v. WillardNew York Supreme Court · 1850