Pringle v. Phillips
The Superior Court of New York City
This was an action of replevin in the detinet for the recovery of 62 bales of brown cotton sheetings. The suit was commenced in July, 1845, and was tried before Chief Justice Oakley and a jury, on the 13th, 14th, and 15th December, 1848. Upon the trial, the plaintiff, a merchant in Philadelphia, claimed to recover upon the ground, that one Jacobs, under cover of a purchase upon credit, had obtained the goods from him in Philadelphia, by false representations and with a…
Read the full summary
This was an action of replevin in the detinet for the recovery of 62 bales of brown cotton sheetings. The suit was commenced in July, 1845, and was tried before Chief Justice Oakley and a jury, on the 13th, 14th, and 15th December, 1848. Upon the trial, the plaintiff, a merchant in Philadelphia, claimed to recover upon the ground, that one Jacobs, under cover of a purchase upon credit, had obtained the goods from him in Philadelphia, by false representations and with a fraudulent intent, and that in execution of the fraud, he had shipped the goods to the defendant Phillips, in this city; and…
1Opinion of the Court
By the Court.
Duer, J.
The motion'for a new trial must be granted, if either of the exceptions to the ruling of the chief justice was well taken, or we shall be of opinion that theverdict of the jury, upon the question submitted to them, was against evidence.
The first exception was to the refusal of the judge to non-suit the plaintiff. The ground of this exception is,' that there was no evidence that a delivery of the goods in controversy was demanded by the plaintiff, and refused by the defendants before, the issuing of the writ of replevin, and we were referred to several cases, as showing,…
2Cases cited5 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Ayer v. HutchinsMassachusetts Supreme Judicial Court · 1808
- Holme v. KarsperSupreme Court of Pennsylvania · 1813
- Wiggin v. BushNew York Supreme Court · 1815
- Stillman v. SquireCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by11 opinions
- Hamilton v. MarksSupreme Court of Missouri · 1876
- Lawrence v. DanaU.S. Circuit Court for the District of Massachusetts · 1869
- Kellogg v. OlsonSupreme Court of Minnesota · 1885
- Conner v. ComstockIndiana Supreme Court · 1861
- John Roth & Co. v. Colvin, Allen & Co.Supreme Court of Vermont · 1859
6 more not listed; retrieve them via the Exa API.