Young v. Willet
The Superior Court of New York City
Appeal by defendant to General Term, from judgment entered upon verdict for plaintiff, and from order of Special Term denying defendant’s motion for a new trial. The action was to recover possession of personal property. The complaint alleged that the plaintiff was lawfully possessed of the goods enumerated, at the time thereafter mentioned, being a stock of goods in the store of the plaintiff, Ko. 235 Eighth avenue, Kew York.
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Appeal by defendant to General Term, from judgment entered upon verdict for plaintiff, and from order of Special Term denying defendant’s motion for a new trial. The action was to recover possession of personal property. The complaint alleged that the plaintiff was lawfully possessed of the goods enumerated, at the time thereafter mentioned, being a stock of goods in the store of the plaintiff, Ko. 235 Eighth avenue, Kew York. That on the 16th of April, 1858, at such store, the defendant wrongfully took said goods and chattels from the possession of the plaintiff, and still unjustly detained…
1Opinion of the Court
By the Court—Hoffmah, J.
The case of Rowley v. Gibbs, (14 Johns., 385,) is decisive of the point that the plaintiff is entitled to recover damages arising from the depreciation of the goods, during the wrongful detention by the defendant. The plaintiff could not be indemnified without such an allowance, and it is unimportant whether the decrease in value arises from the defendant’s act or default, or from other cause. See also Suydam v. Jenkins, (3 Sandf. S. C. R., 614, 644.)
We think also, that damages could be assessed upon this ground, under the pleadings, without a special allegation of…
2Cases cited3 opinions
- Driggs v. DwightNew York Supreme Court · 1837
- Rowley v. Gibbs, Standish, & othersNew York Supreme Court · 1817
- Woodruff v. CookNew York Supreme Court · 1857
3Cited by5 opinions
- Allen v. . FoxNew York Court of Appeals · 1873
- Russell v. SmithSupreme Court of Kansas · 1875
- Michalowski v. EyAppellate Division of the Supreme Court of the State of New York · 1959
- Brewster v. . SillimanNew York Court of Appeals · 1868
- Soria v. DavidsonThe Superior Court of New York City · 1886