Pangburn v. Patridge
New York Supreme Court
THIS was an action of replevin, brought against the defendant, for unlawfully taking and detaining a heifer, belonging to the plaintiff. The defendant pleaded non cep^ and that the heifer was his property, &c. The cause was tried at the Saratoga circuit, before Mr., Justice Van Ness. At the trial, the plaintiff proved a regular bill of sale, and delivery of the heifer and other cattle, from. Joseph Pangburn, to the plaintiff, for the consideration of 100 dollars.
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THIS was an action of replevin, brought against the defendant, for unlawfully taking and detaining a heifer, belonging to the plaintiff. The defendant pleaded non cep^ and that the heifer was his property, &c. The cause was tried at the Saratoga circuit, before Mr., Justice Van Ness. At the trial, the plaintiff proved a regular bill of sale, and delivery of the heifer and other cattle, from. Joseph Pangburn, to the plaintiff, for the consideration of 100 dollars. While the cattle were in the possession of the plaintiff, the defendant took and drove away the heifer in question, alleging, that…
1Opinion of the CourtVan Ness, J.
The opinion I expressed, on the trial of this cause, that replevin lies only in the case of an unlawful distress, was a mistaken one. The passage to that effect, in Blackstone's Commentaries, is not warranted by the books. This action is usually brought to try the legality . of a distress; but it will lie for any unlawful taking of a chattel. Possession by the plaintiff, and an actual wrongful taking, by the defendant, are the only points requisite to support the action; and none of the cases, defining the nature of the action, confine it specially to the case of a chattel, taken under…
2Cited by22 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Baker v. FalesMassachusetts Supreme Judicial Court · 1819
- Ely v. . EhleNew York Court of Appeals · 1850
- Brockway v. BurnapNew York Supreme Court · 1851
- Johnson v. . CarnleyNew York Court of Appeals · 1854
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