Woodruff v. Cook
New York Supreme Court
THIS action was brought by the plaintiff, as administrator with the will annexed of John Woodruff, deceased, to recover the possession of a gray mare, which the defendant had in his possession at the time the action was commenced. It was alleged in the complaint “ that the deceased, previous to and at the time of his death, owned and was in possession of” the gray mare in question, and that the deceased raised her.
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THIS action was brought by the plaintiff, as administrator with the will annexed of John Woodruff, deceased, to recover the possession of a gray mare, which the defendant had in his possession at the time the action was commenced. It was alleged in the complaint “ that the deceased, previous to and at the time of his death, owned and was in possession of” the gray mare in question, and that the deceased raised her. That the plaintiff as administrator with the will annexed of the deceased became the owner and entitled to the possession of the goods and chattels of the deceased; and that as…
1Opinion of the Court
By the Court, Balcom, J.
The allegation in the complaint, respecting the value of the mare, not controverted by the answer, is that the mare was “ of the value of about one hundred and thirty dollarsHence the judge committed no error in permitting the defendant to show her true value. Perhaps the plaintiff might have required the judge to instruct the jury that they could not, under the pleadings, assess the value of the mare at a sum exceeding $180, but that question is not in the case.
The judge did not err in rejecting the plaintiff’s offer to prove that John Woodruff deceased, applied to a…
2Cases cited6 opinions
- Phœnix v. DeyCourt for the Trial of Impeachments and Correction of Errors · 1809
- Russel v. BallNew York Supreme Court · 1806
- Brizsee v. MaybeeNew York Supreme Court · 1839
- Rowley v. Gibbs, Standish, & othersNew York Supreme Court · 1817
- Sprague v. KneelandNew York Supreme Court · 1834
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lowery v. . ErskineNew York Court of Appeals · 1889
- Ritz v. RitzWest Virginia Supreme Court · 1908
- Savage v. MurphyThe Superior Court of New York City · 1861
- Young v. WilletThe Superior Court of New York City · 1861
- Brink v. GouldNew York Supreme Court · 1872
4 more not listed; retrieve them via the Exa API.