Walter v. . Bennett
New York Court of Appeals
Appeal from the Superior Court of Buffalo. The action was brought to recover the possession of a draft alleged to belong to the plaintiff and to be wrongfully detained by the defendant, and also to recover the possession of $7250 of money alleged to be the property of the plaintiff, wrongfully detained by the defendant. These claims are set out separately in the two counts of the complaint.
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Appeal from the Superior Court of Buffalo. The action was brought to recover the possession of a draft alleged to belong to the plaintiff and to be wrongfully detained by the defendant, and also to recover the possession of $7250 of money alleged to be the property of the plaintiff, wrongfully detained by the defendant. These claims are set out separately in the two counts of the complaint. The answer is a simple denial of the allegations of the complaint. * At the trial, before Mr. Justice Clintok and a jury, it was proved that the defendant was employed by the plaintiff to sell and deliver…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The question principally discussed by the counsel for the appellant was, whether an action will lie to recover the possession of personal property, when it appears the defendant had parted with the possession of the property before the commencement of the action. The decision of that question is not necessary to the determination of the rights of the parties to this action, because it will be seen that the defendant's possession of the draft during all the time…
2Cited by46 opinions
- Greentree v. . RosenstockNew York Court of Appeals · 1875
- Ross v. . MatherNew York Court of Appeals · 1872
- Industrial & General Trust, Ltd. v. TodNew York Court of Appeals · 1902
- Salem Traction Co. v. AnsonOregon Supreme Court · 1902
- Wilson v. Haley Live Stock Co.Supreme Court of the United States · 1894
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