Darling v. Hunt
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action- by Ella Darling against G-. Everett Hunt to recover possession of a certain horse and carriage alleged to be the property of plaintiff. From a judgment entered on the report of a referee in favor of plaintiff, defendant appeals. Affirmed.
1Opinion of the CourtHardin, P. J.
On the 27th day of April, 1896, the plaintiff commenced this action to recover possession of a bay mare and one top single carriage, and in her complaint alleged that she was the lawful owner and possessed of the property, and that on the 25th day of April, 1896, the defendant wrongfully took the property from the possession of the plaintiff, and detained the same. The defendant, in his answer, denied the wrongful taking of the property mentioned in the complaint, and alleged “that, at the time he took said property into his possession, he held the horse mentioned in the plaintiff’s complaint…
2Cases cited1 opinion
- Fitzpatrick v. . WoodruffNew York Court of Appeals · 1884
3Cited by2 opinions
- Boak v. BrewerNew York Supreme Court · 1957
- Carter v. PhillipsNew York Supreme Court · 1926