Paddock v. Wing
New York Supreme Court
Grover, P. J., Green, Marvin and Davis, Justices. Motion for new trial upon exceptions. The complaint charged the defendant with taking and converting to his own use a large number of books, thetoroperiyof the plaintiff. The answer was, first a general denial. 2d. It alleged that the title to the property was in one Tyrrell, and that the sheriff took the property by virtue of an execution against Tyrrell, issued upon a judgment in favor of the defendant.
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Grover, P. J., Green, Marvin and Davis, Justices. Motion for new trial upon exceptions. The complaint charged the defendant with taking and converting to his own use a large number of books, thetoroperiyof the plaintiff. The answer was, first a general denial. 2d. It alleged that the title to the property was in one Tyrrell, and that the sheriff took the property by virtue of an execution against Tyrrell, issued upon a judgment in favor of the defendant. On the trial, the plaintiff gave evidence tending to show that the property belonged to him and was in his possession at the time it was…
1Opinion of the Court
By the court—Marvin, Justice.
Prior to the Code, the evidence offered by the defendant would not have been received, and this was conceded upon the argument. The plaintiff was in possession of the property, claiming to be the owner, at the time it was taken and converted, and such possession gave him an interest sufficient to maintain an action against a stranger or naked wrongdoer, or against any one converting "the property, except the owner or one who had a right to the possession. (Bouvier, Action at Law, 430, et seq; Duncan agt. Spear, 11 W. 53 ; McLaughlin agt. Waite, 9 Cow. 670; 2…
2Cases cited1 opinion
- M'Laughlin v. Waite & WaiteNew York Supreme Court · 1827
3Cited by1 opinion
- Miller v. DeckerNew York Supreme Court · 1863