Legal Opinion

Howe v. Oyer

New York Supreme Court

Decided January 11, 1889PublishedCited by 5 opinions

Appeal from Cattaraugus county court. Action by Wilson H. Howe against Perry Oyer for the wrongful conversion-of chattels, instituted before a j ustice, where judgment was rendered for plaintiff. Defendant appealed to the county court, which reversed the judgment,, and defendant appeals.

1Opinion of the CourtBradley, J.

The alleged cause of action was that the defendant wrongfully took and converted to his own use certain articles of personal property of the plaintiff. This was denied by the answer of the defendant, who alleged, by way of justification, that he was a constable, and took the property into his possession by virtue of a requisition in an action to recover the possession of it; and it appeared that in an action brought in a justice’s court by Haney P. Howe against Wilson H. Howe, (the plaintiff herein,) to recover certain chattels embracing those in question, a requisition, founded upon the…

2Cases cited6 opinions

  1. Hartwell v. RootNew York Supreme Court · 1822
  2. Bullis v. . MontgomeryNew York Court of Appeals · 1872
  3. Shipman v. ClarkNew York Supreme Court · 1847
  4. Foster v. PettiboneNew York Supreme Court · 1855
  5. Barhydt v. ValkNew York Supreme Court · 1834

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State ex rel. McPherson v. BecknerIndiana Supreme Court · 1892
  2. Marshall v. WheelerSupreme Judicial Court of Maine · 1925
  3. Rentschler v. FoxMichigan Supreme Court · 1902
  4. Schork v. Calloway & Fidelity & Casualty Co.Court of Appeals of Kentucky · 1924
  5. Whitman v. KleimannNew York Supreme Court · 1898

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