Morss v. Stone
New York Supreme Court
Replevin, tried at the Greene circuit, in April, 1848, before Harris, justice. The goods replevied were taken by the defendant from the possession of one Peter Dutcher, by virtue of an execution against him in favor of Daniel C. Scudder.
Read the full summary
Replevin, tried at the Greene circuit, in April, 1848, before Harris, justice. The goods replevied were taken by the defendant from the possession of one Peter Dutcher, by virtue of an execution against him in favor of Daniel C. Scudder. The plaintiff introduced Dutcher as a witness, on the trial, for the purpose of showing that the property did not belong to Dutch-er at the time it was levied on, but to the plaintiff, it having been merely delivered to Dutcher to sell, as a pedler; he accounting to the plaintiff for the goods sold, at certain specified prices, and being entitled to all he…
1Opinion of the Court
By the Court, Parker, J.
I think the learned justice, before whom this cause was tried at the circuit, decided correctly in receiving parol evidence to show when the mortgage held by the plaintiff on Butcher’s horse became due. The defendant’s counsel had previously given some evidence in regard to that mortgage, and this objection was not made till the plaintiff’s counsel had also made several inquiries in regard to its contents. The defendant’s counsel could not then object to proving the single fact when the mortgage fell due, without also objecting to all the previous evidence of its…
2Cases cited2 opinions
- Patchin v. PierceNew York Supreme Court · 1834
- Marsh v. Wickham & WickhamNew York Supreme Court · 1817
3Cited by3 opinions
- Handley v. A. Pfister & Co.California Supreme Court · 1870
- Dickinson v. LovellSupreme Court of New Hampshire · 1857
- Keystone Watch Case Co. v. RomeroCity of New York Municipal Court · 1901