Merriam v. Johnson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, David S. Johnson,-from an-.order of the Appellate Térrn of the Supreme.Court, made oil the- 1st day of June, 19.06, and entered in the office of the clerk of! the county of New York, affirming a judgment of the City Court of the city of New York in favor of the plaintiff, entered in the office of the clerk of said court on the 3d day of February, 1906;, upon the verdict of a jury, and also affirming an order of -said City Court, entered in said…
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Appeal by the defendant, David S. Johnson,-from an-.order of the Appellate Térrn of the Supreme.Court, made oil the- 1st day of June, 19.06, and entered in the office of the clerk of! the county of New York, affirming a judgment of the City Court of the city of New York in favor of the plaintiff, entered in the office of the clerk of said court on the 3d day of February, 1906;, upon the verdict of a jury, and also affirming an order of -said City Court, entered in said clerk’s office on the 26th day. of January,; 1906, denying the defendant’s motion for a new trial made upon- the minutes. , |
1Opinion of the Court
Scott, J.:
'The action is for damages for the detention of a do[g, the property of the plaintiff,' which had been intrusted, to defendant- for .medical treatment. The complaint alleged plaintiff’s ownership of - the dog ; that' it had been in defendant’s possession, and that defendant-' detained it from plaintiff. The value of the dog is alleged, and judgment is, asked- for the recovery of the possession; of the dog, or ■for the value thereof in case a delivery cannot be had. In the 3d paragraph of the Complaint it is, alleged '“ that the said chattel hag *337been concealed, removed or disposed…
2Cases cited5 opinions
- Moffatt v. . FultonNew York Court of Appeals · 1892
- McGuire v. BausherAppellate Division of the Supreme Court of the State of New York · 1900
- Lehman v. MayerAppellate Division of the Supreme Court of the State of New York · 1902
- Sherman v. . GrinnellNew York Court of Appeals · 1899
- Merriam v. JohnsonAppellate Terms of the Supreme Court of New York · 1906
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- Travis v. MurrayNew York Supreme Court · 2013
- C.R.S. v. T.K.S.New York Supreme Court · 2002