Amory v. Flyn
New York Supreme Court
^ ERROR, on certiorari, from a justice’s court. Amory brought an action of trover against Flyn, before the justice, for two geese. There was a trial by jury. The plaintiff proved a demand of the geese, and a refusal by the defendant, unless the would first pay 25 cents, for liquor furnished to two men who had caught the geese, and pledged them to the defendant for . , it. 1 he geese were ot the wild kind, but were so tame as to eat ou* °f hand.
Read the full summary
^ ERROR, on certiorari, from a justice’s court. Amory brought an action of trover against Flyn, before the justice, for two geese. There was a trial by jury. The plaintiff proved a demand of the geese, and a refusal by the defendant, unless the would first pay 25 cents, for liquor furnished to two men who had caught the geese, and pledged them to the defendant for . , it. 1 he geese were ot the wild kind, but were so tame as to eat ou* °f hand. They had strayed away twice before, and did n0^ re^urn un^ brought back. The plaintiff proved property in them; and that after the geese had left his…
1Per curiam
The geese ought to have been considered as recEimed, so as to be the subject of property. Their identity was ascertained; they were tame and gentle, and had lost the power, or disposition, to fly away. They had been frightened and chased by the defendant’s son, with the knowledge that they belonged to the plaintiff, and the case affords no colour for the inference that the geese had regained theiv natural liberty as *103wild fowl, and that the property in them had ceased. The defendant did not consider them in that light, for he held them in consequence of the lien which he supposed he had…
2Cited by11 opinions
- Ayres v. FrenchSupreme Court of Connecticut · 1874
- Chase v. CorcoranMassachusetts Supreme Judicial Court · 1871
- State v. WeberSupreme Court of Missouri · 1907
- Sheldon v. Sherman & Van DuzenNew York Supreme Court · 1864
- Conti v. ASPCACivil Court of the City of New York · 1974
6 more not listed; retrieve them via the Exa API.