Blanchard v. . Trim
New York Court of Appeals
This action was commenced before a Justice of the peace in the town of Saratoga Springs, on the 21st day of February, 1857, and was for taking and carrying away lumber belonging to the Plaintiff. The defence was, that said lumber was the property of one J. H. Calkins, and as such had been levied upon by the sheriff, under execution in favor of Defendants.
Read the full summary
This action was commenced before a Justice of the peace in the town of Saratoga Springs, on the 21st day of February, 1857, and was for taking and carrying away lumber belonging to the Plaintiff. The defence was, that said lumber was the property of one J. H. Calkins, and as such had been levied upon by the sheriff, under execution in favor of Defendants. The Justice gave a judgment in favor of Plaintiff for $70.56. The case was appealed to the County Court, where the judgment of the Justice was affirmed. The case was then appealed to the General Term of the Supreme Court, where the judgment…
1Opinion of the Court
Hunt, Ch.J.
The facts in this case are substantially undisputed, and the questions of law arising upon them are the only subjects for our consideration.
The lumber in question had been sold and delivered by Blan chard to Calkins, and a portion .of it had been used by Calkins in his business. Finding himself unable to pay for it, he requested Blanchard to “ buy it back,” and upon an inspection of the lumber by Blanchard in the presence of both parties, the lumber then being before them, it was agreed between them that "the lumber should be taken back by Blanchard, and that "he would draw it away…
2Cases cited4 opinions
- Williams v. GoochCourt of Appeals of Kentucky · 1861
- Shindler v. . HoustonNew York Court of Appeals · 1848
- Miller v. SmithU.S. Circuit Court for the District of Massachusetts · 1818
- Sturtevant v. . OrserNew York Court of Appeals · 1862
3Cited by11 opinions
- Young v. New Pedrara Onyx Co.California Court of Appeal · 1920
- Sayre v. MohneyOregon Supreme Court · 1899
- R. J. Caldwell Co. v. Connecticut Mills Co.Appellate Division of the Supreme Court of the State of New York · 1929
- Bushwick-Decatur Motors, Inc. v. Ford Motor Co.District Court, E.D. New York · 1940
- Charles Albert Co. v. Newtown Creek Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1924
6 more not listed; retrieve them via the Exa API.