Wehle v. Butler
The Superior Court of New York City
Appeal from judgment entered upon the verdict of a jury. Louisa Donai Wehle sued Henry L. Butler, Jonaathan J. Broome and Oliver M. Clapp, copartners in business, for the conversion of plaintiff ’ s goods.
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Appeal from judgment entered upon the verdict of a jury. Louisa Donai Wehle sued Henry L. Butler, Jonaathan J. Broome and Oliver M. Clapp, copartners in business, for the conversion of plaintiff ’ s goods. Plaintiff’s complaint alleged that she was a merchant, having had a profitable business ; that defendants were copartners; that by splitting up an alleged demand against plaintiff, and by a false and fraudulent affidavit, defendants procured attachments against her property, to issue out of the marine court, seized her goods at midnight and removed them and still detained them, and…
1Opinion of the Court
By the Court. *—Freedman, J.
The appeal being from the judgment merely, the only questions open for review are the questions of law arising upon the exceptions taken by the defendants upon the trial.
Under the issues raised by the pleadings, and the testimony given on the trial on both sides, the evidence as to the retail value of the goods taken was properly admitted. It was, under the circumstances, competent, although by no means conclusive. A question of a more serious character would arise upon that part of the charge in which the court laid down the rule that the value of the goods taken…
2Cases cited16 opinions
- McKyring v. . BullNew York Court of Appeals · 1857
- Creed v. . HartmannNew York Court of Appeals · 1864
- Kerr v. . MountNew York Court of Appeals · 1863
- Higgins v. WhitneyNew York Supreme Court · 1840
- Andrews v. . DurantNew York Court of Appeals · 1859
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