Legal Opinion

Russell v. Minor

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1838PublishedCited by 28 opinions

Error from the supreme court, Russell brought an action of replevin against Minor for a large quantity of paper, and declared in the detinet only. Beach, a witness for the plaintiff, testified that himself, and one George Hammeken and John W. Kearney were manufacturers of paper in the county of Ulster, doing business under the name of “ The Saiigerties Paper Manufacturing Company.”

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Error from the supreme court, Russell brought an action of replevin against Minor for a large quantity of paper, and declared in the detinet only. Beach, a witness for the plaintiff, testified that himself, and one George Hammeken and John W. Kearney were manufacturers of paper in the county of Ulster, doing business under the name of “ The Saiigerties Paper Manufacturing Company.” About 1st September, 1833, the company entered into a contract with Minor to furnish him 2045 dollars worth of paper, of particular descriptions, at specified prices, for which Minor was to give his note at six…

1Opinion of the Court

After advisement, the following opinions were delivered:

By Senator Edwards.

The principal question in this case appears to be, wether the plaintiff had such an interest in the property replevied as entitled him to maintain the action. To maintain this action it is not necessary that he should have the absolute interest in the property ; a special interest which would entitle him to possession is suflj*663cient. For the purposes of this action, therefore, it is immaterial whether the turning out of the property to the plaintiff amounted to a sale, or only gave him a qualified interest to secure him…

2Cases cited5 opinions

  1. Hussey v. ThorntonMassachusetts Supreme Judicial Court · 1808
  2. Lupin v. MarieCourt for the Trial of Impeachments and Correction of Errors · 1830
  3. FurnissCourt for the Trial of Impeachments and Correction of Errors · 1831
  4. Conyers v. EnnisU.S. Circuit Court for the District of Rhode Island · 1821
  5. Rogers v. Holly & JarvisNew York Supreme Court · 1837

3Cited by28 opinions

  1. Lang v. RickmersTexas Supreme Court · 1888
  2. Empire State Type Founding Co. v. GrantNew York Court of Appeals · 1889
  3. Smith v. . LynesNew York Court of Appeals · 1851
  4. Leven v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1845
  5. Morgan v. EastIndiana Supreme Court · 1890

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