Orser v. Storms
New York Supreme Court
Trespass, for taking, driving away, and converting three cows and a calf of the plaintiff, tried at the Westchester circuit, October, 1824, before Williams, C. Judge.
Read the full summary
Trespass, for taking, driving away, and converting three cows and a calf of the plaintiff, tried at the Westchester circuit, October, 1824, before Williams, C. Judge. The plea was the general issue, with notice that the cattle were distrained by the defendant damage feasant, and impounded and sold according to the statute, &c. *At the trial, it appeared that the plaintiff’s daughter was married to an intemperate husband about 19 years before; the plaintiff promised his daughter two cows when she went to housekeeping with her husband, which was about two years after, when the plaintiff, in…
1Opinion of the Court
Curia, per Savage, Ch. J.
The first question to be considered is, whether the plaintiff had such a property in the cattle as to be able to maintain trespass ? For this purpose, he must have had the actual or constructive possession at the time; and the latter is, when he has such a right as to be entitled to reduce the goods to actual possession at any time. [1] (8 John. Rep. 435. Bac. Abr. Trespass (C.) 2. 1 T. R. 480.) As to one of the cows there is no question; and as to the residue, he does not *726seem ever to have; relinquished his property; nor had his son-in-law the use of the cows for any…
2Cited by4 opinions
- Van Sickle v. Van SickleNew York Supreme Court · 1853
- Allen v. DelanoSupreme Judicial Court of Maine · 1867
- Staples v. SmithSupreme Judicial Court of Maine · 1861
- E. P. Dutton & Co. v. Isaac Goldmann Co.Appellate Division of the Supreme Court of the State of New York · 1950