Root v. Borst
New York Supreme Court
Appeal from circuit court, Oneida county. Replevin by Christian H. F. Peters against Charles A. Borst for the wrongful taking and detention of certain property. There was judgment entered on a decision of the court without a jury in favor of plaintiff, after which plaintiff died, and Edwin R. Root was appointed administrator. Defendant appeals. Affirmed.
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Appeal from circuit court, Oneida county. Replevin by Christian H. F. Peters against Charles A. Borst for the wrongful taking and detention of certain property. There was judgment entered on a decision of the court without a jury in favor of plaintiff, after which plaintiff died, and Edwin R. Root was appointed administrator. Defendant appeals. Affirmed. For former report, see 9 N. Y. Supp. 789. Plaintiff in his complaint alleged that, on or before the 17th day of December, 1887, at Clinton, the defendant “ wrongfully took, and wrongfully detains-from the said plaintiff,” the property…
1Opinion of the CourtHardin, P. J.
1. Upon carefully reading the evidence found in the appeal book, we see that there is a conflict in the evidence in respect to the paramount question involved in the issue between the parties. Plaintiff asserted upon the trial property in and ownership of the articles described in the complaint, and particularized in the evidence. Defendant, as a witness, contradicted the plaintiff in many respects, and called witnesses tending to substantiate the position taken by the defendant. On the other hand, the plaintiff as a witness, and with other witnesses more or less supporting his theory of the…
2Cases cited6 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Lowery v. . ErskineNew York Court of Appeals · 1889
- Romertze v. . East River National BankNew York Court of Appeals · 1872
- Neil v. . ThornNew York Court of Appeals · 1882
- Clapp v. WilsonNew York Supreme Court · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hanlon v. EhrichAppellate Division of the Supreme Court of the State of New York · 1903