Silsbury & Calkins v. McCoon & Sherman
New York Supreme Court
Trover for a quantity of whiskey, tried at the Montgomery circuit, in November, 1844, before Willard, C. Judge. A former trial of the cause had resulted in a nonsuit, which was set aside by the court.
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Trover for a quantity of whiskey, tried at the Montgomery circuit, in November, 1844, before Willard, C. Judge. A former trial of the cause had resulted in a nonsuit, which was set aside by the court. For a report of the case on the motion to set aside the nonsuit, see 6 Sill, 425. On the second trial it was proved that one Hackney, a deputy of the sheriff of Montgomery county, on the 22d day of March, 1842, by virtue of a fi. fa. on a judgment in this court in favor of the defendants, against one Uriah Wood, sold the whiskey in question, being gbout twelve hundred gallons, and worth $277,68,…
1Opinion of the Court
Bronson, Ch. J.
It is undoubtedly a general rule in every civilized state, that a man can only lose his title to property by the operation of law, or his own voluntary act. But this, like most other general rules, has its exceptions. If one wrongfully take the chattel of another, and merely change *334its form and value by bestowing bis labor and skill upon it, without destroying its identity, the property still remains in the original owner, and he may either retake it, or recover the value in its state of improvement. Thus, where leather is made into boots and shoes, cloth into a garment, trees…
2Cases cited1 opinion
- Betts v. LeeNew York Supreme Court · 1810
3Cited by11 opinions
- Silsbury & Calkins v. McCoon & ShermanNew York Court of Appeals · 1850
- Wetherbee v. GreenMichigan Supreme Court · 1871
- Single v. SchneiderWisconsin Supreme Court · 1872
- People v. SaffordNew York Supreme Court · 1847
- Forsyth v. WellsSupreme Court of Pennsylvania · 1862
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