Faulkner v. Brown
New York Supreme Court
Error from the Schenectady common pleas. Faulkner had in his possession a quantity of leather, belonging to one Van Slyck, who had left the same with him, and requested him to take care of it. It was stolen from the possession of Faulkner, and sold by the the thief to Brown. Faulkner demanded the leather of Brown, and on his refusal to deliver it up, brought an action of trover against him in a justice’s court.
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Error from the Schenectady common pleas. Faulkner had in his possession a quantity of leather, belonging to one Van Slyck, who had left the same with him, and requested him to take care of it. It was stolen from the possession of Faulkner, and sold by the the thief to Brown. Faulkner demanded the leather of Brown, and on his refusal to deliver it up, brought an action of trover against him in a justice’s court. The justice being of opinion that Faulkner was not entitled to maintain an action for the leather in his own name, rendered judgment against him for costs. The common pleas of…
1Opinion of the Court
By the Court,
Savage, Ch. J.
Both courts were clearly wrong. To maintain trover, the plaintiff must have the general or special property. The plaintiff here had a special pro*64perty in the leather; Van Slyck had the general property. The action may, in most cases, he brought either by the general or special owner of the goods for a conversion by a stranSeT> judgment obtained by one is a good bar to the action of the other. 2 Saund. 47, e. Possession under the rightful owner is sufficient against a person having no color of right. An agister, a carrier, a factor, may bring trover; even a general…
2Cited by13 opinions
- Chamberlain v. WestSupreme Court of Minnesota · 1887
- Luse v. JonesSupreme Court of New Jersey · 1877
- Buck v. . RemsenNew York Court of Appeals · 1866
- Bliss v. SchaubNew York Supreme Court · 1867
- Deyo v. HudsonAppellate Division of the Supreme Court of the State of New York · 1916
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