White v. Osborn
New York Supreme Court
This was an action of trover, tried at the Clinton circuit in June, 1836, before the Hon. Esek Cowen, then one of the circuit judges. The plaintiff and defendant were tenants in common of a sloop called the General Warren, navigated on Lake Champlain, and employed in the transportation of lumber from Plattsbvrgh and other ports on the lake to Whitehall; the plaintiff owning one-eighth and the defendant three-eighths of the vessel.
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This was an action of trover, tried at the Clinton circuit in June, 1836, before the Hon. Esek Cowen, then one of the circuit judges. The plaintiff and defendant were tenants in common of a sloop called the General Warren, navigated on Lake Champlain, and employed in the transportation of lumber from Plattsbvrgh and other ports on the lake to Whitehall; the plaintiff owning one-eighth and the defendant three-eighths of the vessel. On 10th February, 1832, the defendant sold the sloop to one Peter Comstock, for the sum of $2400. After the purchase Comstock continued the vessel in the same…
1Opinion of the Court
By the Court,
Cowen, J.
There is no foundation for saying that the suit in Vermont was a bar. The judgment being satisfied, and the defendant having been a co-trespasser with the deputy, it was a bar to any farther action founded on the lien for Griffin’s debt, but nothing more. The alleged conversion of the one eighth, the gravamen of the present action had not yet taken place. That arose, if at all, from the sale of the sloop and the consequent exclusive dominion exercised by Comstock, the purchaser.
The objection of the defendant is, that a general bill of sale by him of the whole, though…
2Cases cited2 opinions
- Hyde v. StoneNew York Supreme Court · 1831
- Mumford v. McKayNew York Supreme Court · 1832
3Cited by17 opinions
- Omaha & Grant Smelting & Refining Co. v. TaborSupreme Court of Colorado · 1889
- Rodermund v. . ClarkNew York Court of Appeals · 1871
- Dyckman v. . ValienteNew York Court of Appeals · 1870
- Robinson v. DickeyIndiana Supreme Court · 1896
- Phillips v. CookNew York Supreme Court · 1840
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