Legal Opinion

McCauley v. Brown

New York Court of Common Pleas

Decided January 15, 1869Published

Appeal by the defendants from a judgment of the general ' term of the Marine Court, affirming a judgment rendered at a special term of that court. The action was brought to recover the value of a truck and set of harness alleged to belong to the plaintiff.

Read the full summary

Appeal by the defendants from a judgment of the general ' term of the Marine Court, affirming a judgment rendered at a special term of that court. The action was brought to recover the value of a truck and set of harness alleged to belong to the plaintiff. It appeared on the trial that the property had been purchased, and paid for by the defendants, of one John McCauley, a brother of the plaintiff; that John McCauley was a cartman in this city, that he had taken out a license in his own name for the truck, and had held himself out as owner, with the knowledge of the plaintiff. Before the…

1Opinion of the Court

By the Court.—Barrett, J.

By the provisions of the Revised Ordinances of 1859, p. 356, § 2, it is made unlawful “ for any person to receive or hold a license to keep public carts, or to be a public cartman, unless he be the actual owner of the cart or carts so licensed.” The taking out of the license for the truck in question was, therefore, a declaration of ownership made by the .plaintiff’s brother, John McCauley, with the plaintiff’s fell knowledge and consent, upon which the defendants had a right to and did rely in making the purchase. These facts, coupled with John McCauley’s actual…

2Cases cited4 opinions

  1. Thompson v. . BlanchardNew York Court of Appeals · 1850
  2. Cheeney v. ArnoldNew York Supreme Court · 1854
  3. Brewster v. BakerNew York Supreme Court · 1853
  4. Hibbard v. StewartNew York Court of Common Pleas · 1856

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API