Gregory v. Stryker
New York Supreme Court
Error from the Schoharie common pleas, to review a jtidg ment of that court in a cause commenced by Stryker against Gregory in a justice’s court and determined in the common plena on appeal. The action was trespass for a. wagon, and the defen dant, who was a constable, justified the seizure of it under an execution against one Rose; and the question was whether the wagon when taken by the defendant belonged to the plaintiff or Rose.
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Error from the Schoharie common pleas, to review a jtidg ment of that court in a cause commenced by Stryker against Gregory in a justice’s court and determined in the common plena on appeal. The action was trespass for a. wagon, and the defen dant, who was a constable, justified the seizure of it under an execution against one Rose; and the question was whether the wagon when taken by the defendant belonged to the plaintiff or Rose. Rose carried on the businessof biacksmithing and was indebted to the plaintiff in a considerable sum. The plaintiff was the owner of an old wagon which Rose…
1Opinion of the Court
By the Court, Beardsley, J.
The principal controversy in this cause is whether the wagon in question when taken by the defendant belonged to the plaintiff or to Rose. The other points were disposed of by the jury under proper instructions from the court.
As the value of the new materials and labor used and.employed in repairing or re-constructing the wagon, greatly exceeded that of the old materials used in the operation, it was urged that this was really a contract with Rose to make a new wagon, and not for the repair of an old one, and therefore, as most of the materials were furnished by…
2Cases cited3 opinions
- Merritt v. JohnsonNew York Supreme Court · 1811
- Moore v. HitchcockNew York Supreme Court · 1830
- Rightmyer v. RaymondNew York Supreme Court · 1834
3Cited by15 opinions
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- Comfort v. KierstedNew York Supreme Court · 1857
- Arians v. BrickleyWisconsin Supreme Court · 1885
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