Yates v. Fassett & Whitlock
New York Supreme Court
Trover, for a canal boat, called the “ W. W. Fassett,” tried at the Schenectady circuit in October, 1844, before Parker, circuit judge.
Read the full summary
Trover, for a canal boat, called the “ W. W. Fassett,” tried at the Schenectady circuit in October, 1844, before Parker, circuit judge. In opening the cause to the jury, the plaintiff’s counsel stated that the plaintiff was the owner of the boat in controversy, and that during the winter of 1843, he permitted one Lighthall to live in it with his family; that while it was thus occupied, the defendants in this suit brought replevin in the detinet for the boat against the present plaintiff and Lighthall, and that the boat was delivered to the plaintiffs in that suit by the sheriff, by virtue of…
1Opinion of the CourtBy the Courts Whittlesey, J.
For the purpose of this suit the plaintiff is to be deemed the owner of the boat in question, as that is one of the propositions of factcontained in the statement of the counsel on opening the cause to the jury. This boat has been the subject of a former legal controversy between these same parties and another, in an action of replevin brought by the present defendants, against the present plaintiff and one Lighthall. Upon the commencement of that suit, the boat was delivered by the proper officer to the plaintiffs, who are defendants in this suit. Those parties having possession by virtue of…
2Cases cited5 opinions
- Bendernagle v. CocksNew York Supreme Court · 1838
- M'Allister v. ReabNew York Supreme Court · 1830
- Guernsey v. CarverNew York Supreme Court · 1832
- Farrington v. PayneNew York Supreme Court · 1818
- Colemard & Kleffler v. LambNew York Supreme Court · 1836
3Cited by24 opinions
- Malloney v. . HoranNew York Court of Appeals · 1872
- Texas & Pacific Railway Co. v. RaneyTexas Supreme Court · 1894
- Suydam v. Jenkins, SheriffThe Superior Court of New York City · 1850
- Suppiger v. GruazIllinois Supreme Court · 1891
- Jennison v. HaireMichigan Supreme Court · 1874
19 more not listed; retrieve them via the Exa API.