Rich v. Milk
New York Supreme Court
THIS action was commenced before a justice of the peace of the county of Cattaraugus. The plaintiff complained in trover for five cows, converted by the defendant. The defendant, by his answer, denied the complaint, and justified the taking, under a chattel mortgage, of which he was the assignee. The plaintiff recovered a judgment for $55 damages and costs. The defendant appealed to the county court, where the judgment was affirmed. He then brought an appeal to this court.
1Opinion of the Court
By the Court, Greene, J.
This is an action brought to recover the value of the plaintiff’s special property in five cows, which he alleges have been wrongfully converted by the defendant. The plaintiff claims under a contract-with one William R. Phillips, "by which he hired the use of the cows of Phillips for a year, which had not expired at the time they were taken from the plaintiff’s possession, by the defendant. The defendant claims the property under a chattel mortgage executed by Phillips to one Kellogg, on the 4th day of December, 1852, to secure the payment of $170.92 in six annual…
2Cases cited1 opinion
- Charter v. StevensNew York Supreme Court · 1846
3Cited by7 opinions
- Hall v. . SampsonNew York Court of Appeals · 1866
- Hathaway v. . BraymanNew York Court of Appeals · 1870
- Sanger v. SlaydenCourt of Appeals of Texas · 1894
- Huggans v. FryerNew York Supreme Court · 1869
- Glenny v. LacyCity of New York Municipal Court · 1888
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