Angel v. . Hollister
New York Court of Appeals
Appeal from judgment of General Term of Eighth District, reversing judgment entered on the report of a Referee dismissing the complaint. This action is brought to recover the value of 18,000 shingles, and 4,000 feet of hemlock boards, joists, and scantling, and 400 lineal feet of sawed timber, framed, ready to be put into a building alleged to be the property of one Mallory, and taken and sold by the Defendant.
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Appeal from judgment of General Term of Eighth District, reversing judgment entered on the report of a Referee dismissing the complaint. This action is brought to recover the value of 18,000 shingles, and 4,000 feet of hemlock boards, joists, and scantling, and 400 lineal feet of sawed timber, framed, ready to be put into a building alleged to be the property of one Mallory, and taken and sold by the Defendant. The Defendant put in an anwer to the complaint denying each and every allegation therein contained. On the trial of the action it appeared that in August, 1856, Levi Coon, the…
1Opinion of the Court
The intestate, by proceedings in replevin, took from the possession of the assignor of the plaintiff, the property now in question. By that action he invited an issue upon his title to the property, and his right to retain that possession which he had by those proceedings obtained.
The assignor of the plaintiff, defendant in that action, put in issue that title, and that right of possession, and, also, the averment that he wrongfully detained the property.
On the trial, although the then plaintiff established his right as to other property included in the replevin, he wholly failed as to the…
2Cases cited2 opinions
- Starr v. ChildCourt for the Trial of Impeachments and Correction of Errors · 1846
- Yates v. Fassett & WhitlockNew York Supreme Court · 1847
3Cited by10 opinions
- Griffin v. WallaceIndiana Supreme Court · 1879
- Roberts v. NorrisIndiana Supreme Court · 1879
- Goff v. LoweWest Virginia Supreme Court · 1926
- Brady v. BeadlestonNew York Supreme Court · 1891
- Freeman v. United States Fidelity & Guaranty Co.Appellate Terms of the Supreme Court of New York · 1904
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