Legal Opinion

Gilbert v. Dickerson

New York Supreme Court

Decided October 15, 1831PublishedCited by 19 opinions

This was an action of trover, tried at the Yates circuit, in January, 1830, before the Hon. Daniel Mosely, one of the circuit judges. The action was brought for the conversion of a horse; the plaintiff claimed to be half owner of him, and shewed a previous possession. The horse was in the possession of the defendant in the summer of 1828, when the plaintiff demanded him, or payment for one half his value.

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This was an action of trover, tried at the Yates circuit, in January, 1830, before the Hon. Daniel Mosely, one of the circuit judges. The action was brought for the conversion of a horse; the plaintiff claimed to be half owner of him, and shewed a previous possession. The horse was in the possession of the defendant in the summer of 1828, when the plaintiff demanded him, or payment for one half his value. The defendant refused to do either, saying that he had bought the whole of the horse of one John P. Barnard, and paid $200 for him, and that the horse was then locked up. The plaintiff…

1Opinion of the Court

By the Court,

Sutherland, J.

If the plaintiff and defendant were tenants in common in the horse, there can be no question that the action cannot be maintained upon the evidence in this case. A tenant in common cannot maintain trover against his co-tenant, without proving a loss, destruction or sale of the article by such co-tenant. Barnardistone v. Chapman, Bull. N. P. 34, 5. St. John v. Standring, 2 Johns. R. 468. Wilson & Gibbs v. Reed, 3 Johns. R. 175. Fenning v. Lord Grenville, 1 Taunt. 241. It is not sufficient to maintain the action, that the one tenant has obtained the exclusive…

2Cited by19 opinions

  1. Zabriskie v. . SmithNew York Court of Appeals · 1855
  2. Dyckman v. . ValienteNew York Court of Appeals · 1870
  3. Osborn v. . SchenckNew York Court of Appeals · 1880
  4. Robinson v. DickeyIndiana Supreme Court · 1896
  5. Tripp v. RileyNew York Supreme Court · 1863

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