Millspaugh v. Mitchell
New York Supreme Court
This was an appeal by the plaintiffs from a judgment entered upon the report of a referee. The facts are stated in the opinion of the court.
1Opinion of the Court
By the Court, Brown, J.
This is an action of replevin in the cepit, for a horse, and was pending when the code of procedure took effect. It was tried before a referee, who made a report in favor of the defendant. And it comes before the court, at the general term, upon an appeal by the plaintiff, with a view to set aside the report, and for a new trial.
By the evidence taken in the cause, and such also is the judgment of the referee, it appears the horse originally belonged to one Jacob D. Millspaugh, who sold it for a valuable consideration to the plaintiffs, Josiah Millspaugh and James Yan…
2Cases cited1 opinion
- Hartwell v. RootNew York Supreme Court · 1822
3Cited by5 opinions
- Twinam v. SwartNew York Supreme Court · 1871
- Dudley v. HawleyNew York Supreme Court · 1863
- Knapp v. ScheiderNew York Court of Common Pleas · 1881
- Perkins v. BarnesNevada Supreme Court · 1867
- Turner v. BrownNew York Supreme Court · 1876