Eckhard v. Donohue
New York Court of Common Pleas
Appeal from a judgment of a district court in the city of . New York. This was an action of replevin for a horse, alleged to be wrongfully detained by the defendant from the plaintiff. The facts are stated in the opinion. Upon trial in the district court, thé justice rendered judgment for the plaintiff. From the judgment the defendant appealed to this court. ■
1Opinion of the Court
Charles P. Daly, Chief Justice.
There was conflict between the plaintiff and the defendant, as to whether the defendant refused to give the plaintiff the horse, when he called for it, on September 12th, 1878, unless he gave some money, as there was then, according to the defendant’s account $150 due for the keeping of the horse; and conflict also as to the amount that was due; but the justice did not pass upon these questions of fact. He decided the case in favor of the plaintiff, upon the ground simply that the defendant had refused to. give the horse when the plaintiff called for it; the…
2Cited by9 opinions
- Lessels v. FarnsworthNew York Court of Common Pleas · 1886
- Kline v. GreenNew York Supreme Court · 1894
- Owens v. FlynnNew York Court of Common Pleas · 1894
- Bentley v. ColyerNew York City Court · 1887
- Kline v. Green, New York County Courts1893
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