Thorp v. Burling
New York Supreme Court
THIS was an action of trover for two boxes of platillas, tried beibre Mr. Justice Yates at the New-York sittings, in April last, The plaintiff, who is a merchant taylor in the city of New-York, and to whom the property in question belonged, employed a eartman to carry the two boxes of platillas to his shop, but not being able, on account of the size of the boxes, to get them in through the door of his shop or house, he requested ° r x the eartman, who was his nephew, to…
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THIS was an action of trover for two boxes of platillas, tried beibre Mr. Justice Yates at the New-York sittings, in April last, The plaintiff, who is a merchant taylor in the city of New-York, and to whom the property in question belonged, employed a eartman to carry the two boxes of platillas to his shop, but not being able, on account of the size of the boxes, to get them in through the door of his shop or house, he requested ° r x the eartman, who was his nephew, to carry them to his own house, and keep them until the next day, when he would break up the boxes. The eartman, without the…
1Opinion of the CourtSeekceb, J.
There can be no doubt of the plaintiff’s right to maintain tracer in this case, so far as respects his title. Indeed, he could have brought trespass, for he had the general property in the goods, and gave only a bare authority to the first cartman to carry the goods to his own house, to keep until the next day. The first cartman had no interest or claim to hold the goods, coupled with his possession; and then the rule of law applies, that the general property draws after it the possession. The plaintiff was entitled to immediate possession when the trespass was committed. (1 Chittiy's Pl.…
2Cited by19 opinions
- Mitchell v. Georgia & Alabama RailwaySupreme Court of Georgia · 1900
- The Bank of Rochester v. . JonesNew York Court of Appeals · 1851
- Spraights v. . HawleyNew York Court of Appeals · 1868
- Cornell Steamboat Co. v. Jersey CityCourt of Appeals for the Second Circuit · 1892
- St. L., I. M. & S. Ry. v. BiggsSupreme Court of Arkansas · 1887
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