Wood v. Lowry
New York Supreme Court
This was an action of replevin, tried at the Chautauque circuit in September, 1835, before the Hon. Charles H. Boggles, one of the circuit judges.
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This was an action of replevin, tried at the Chautauque circuit in September, 1835, before the Hon. Charles H. Boggles, one of the circuit judges. The plaintiffs claimed to be the owners of the property in question under the following circumstances: early in May, 1834, one Titus Kellogg, who resided at Jamestown, in the county of Chautauque, and had there transacted business as a merchant, came to Albany, where the plaintiffs resided, and to whom he was indebted for merchandise to a considerable amount, and represented to them that he wanted an extension for payment of the debt he owed them,…
1Opinion of the Court
By the Court,
Bronson, J.
The point raised on the argument by the counsel for the plaintiffs, that the judgment under which the property was sold had been previously satisfied, was not made on the trial, and can not therefore be considered on this motion.
The question whether Horner promised to give time to Kellogg and not to issue execution, was submitted to the jury under instructions from the judge, of which the plaintiffs do not complain. It is alleged that their verdict on this point is against the weight of evidence.
Kellogg was not the agent or servant of the plaintiffs to sell the goods…
2Cases cited2 opinions
- Divver & Gunton v. McLaughlinNew York Supreme Court · 1829
- Doane v. EddyNew York Supreme Court · 1837
3Cited by29 opinions
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Blakeslee v. RossmanWisconsin Supreme Court · 1877
- Edgell v. . HartNew York Court of Appeals · 1853
- Russell v. . WinneNew York Court of Appeals · 1868
- Horton v. WilliamsSupreme Court of Minnesota · 1875
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