Dailey v. Crowley
New York Supreme Court
Tub action was originally brought in a Justice’s Court, where a judgment was rendered in favor of the plaintiff. The defendant appealed to the County Court, and the cause was referred. The complaint was for wrongfully taking and carrying away certain goods, furniture, &c., of the plaintiff.
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Tub action was originally brought in a Justice’s Court, where a judgment was rendered in favor of the plaintiff. The defendant appealed to the County Court, and the cause was referred. The complaint was for wrongfully taking and carrying away certain goods, furniture, &c., of the plaintiff. The answer was a general denial, and, as amended on the trial, set up that, since the commencement of the action, the plaintiff had received, accepted and retained the possession of the goods, The referee found, among other things, “ that the plaintiff’s wife delivered to plaintiff the railroad checks for…
1Opinion of the CourtMiller, P. J.
The referee clearly erred upon the question of damages, and in his conclusion that what the plaintiff did in relation to the checks for the trunks, or otherwise, was not such an acceptance of the goods as would prevent the plaintiff from recovering therefor, and that the plaintiff was entitled to recover the full value of the same. He had found, as a fact, that the plaintiff had taken the checks knowing what they were for, and because the station agent where said goods were desired to have them taken away, delivered the checks to another with directions to take said goods and take charge of…
2Cases cited1 opinion
- Bowman v. TeallNew York Supreme Court · 1840
3Cited by5 opinions
- Field v. MunsterCourt of Appeals of Texas · 1895
- Jellett v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
- In Re the Judicial Settlement of the Accounts of JohnstonNew York Court of Appeals · 1895
- Johnson v. MarksAppellate Terms of the Supreme Court of New York · 1910
- Parker v. ConnerThe Superior Court of New York City · 1879