Kingsley v. Sauer
New York County Courts
This is an action in replevin. Plaintiff recovered judgment for -the possession of seven tons and" 180 cubic feet of hay, and if pos^ session of said chattel is not delivered, that plaintiff recover the value of said chattel, viz., $80.85. A portion of the hay has been used by defendant, and plaintiff refused to accept the balance with compensation for the difference.
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This is an action in replevin. Plaintiff recovered judgment for -the possession of seven tons and" 180 cubic feet of hay, and if pos^ session of said chattel is not delivered, that plaintiff recover the value of said chattel, viz., $80.85. A portion of the hay has been used by defendant, and plaintiff refused to accept the balance with compensation for the difference. Defendant, however, insists that plaintiff is bound to accept the remaining hay pro tanto and is entitled to collect damages for only that part of the hay which has been used. Execution was issued upon the judgment and a levy…
1Opinion of the CourtDukmorb, J.
My attention has not been called to any case, nor do I have any in mind, bearing directly upon the question presented here, and so far as I am able to discover, the question, as here presented, is new. It was practically conceded on the argument of the motion that defendant had used a portion of the hay in question, and that some of the hay called for by the execution could not be found. The question then arises whether the sheriff has a right to seize and. deliver to plaintiff any of the hay unless he can get it all, and whether plaintiff can be compelled to take part satisfaction of the…
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- Wheeler v. Fidelity & Deposit Co.New York Supreme Court · 1919