Rogers v. King

By the Court,

Talcott, J.

The defendant in this case made a motion, on his case, for a new trial, at the Monroe Special Term, which motion was denied. From the order denying that motion no appeal has been taken. The appeal is from the judgment alone; consequently we can only consider the exceptions. The action was for the conversion of a canal boat.

The defendants were boat builders and repairers, and the boat had been delivered to them to repair, by one *496Coveil. The third answer of the defendants alleges, in substance, that the plaintiff saw the boat while in the possession of the defendants,…