Schoeneman v. Chamberlin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Willis A. Chamberlin, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the •office of the clerk of the county of Cattaraugus on the 23d day of February, 1900, from the verdict of a jury awarding to the plaintiffs the possession of the goods and chattels described in the •complaint.
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Appeal by the defendant, Willis A. Chamberlin, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the •office of the clerk of the county of Cattaraugus on the 23d day of February, 1900, from the verdict of a jury awarding to the plaintiffs the possession of the goods and chattels described in the •complaint. This is an action of replevin, commenced on the 8th day of January, 1896, to recover possession of certain goods and chattels of the alleged value of $900, which were in the possession of the ■defendant, and which, it is alleged, he wrongfully retained and refused…
1Opinion of the Court
McLennan, J.:
No motion for a new trial having been made on behalf of the defendant, the verdict of the jury is conclusive as to all questions of fact, and is not the subject of review.
The first question presented by this appeal is:. Is a judgment recovered in an action on contract for the purchase price of a portion of a quantity of goods sold a bar to a recovery in an action in replevin previously brought and then pending to recover possession of another portion of such quantity of goods, all the goods having been delivered at the same time, under the same conditions and pursuant to one and…
2Cases cited8 opinions
- Terry v. . MungerNew York Court of Appeals · 1890
- Conrow v. . LittleNew York Court of Appeals · 1889
- Moller v. . TuskaNew York Court of Appeals · 1881
- Hadcock v. . OsmerNew York Court of Appeals · 1897
- Mills v. . ParkhurstNew York Court of Appeals · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Gandía Córdova v. StubbeSupreme Court of Puerto Rico · 1926
- Gandía-Córdova v. StubbeSupreme Court of Puerto Rico · 1926