Dows v. Greene
New York Supreme Court
THIS was an action to recover a quantity of corn. On the former trial of this cause the defendants had a verdict. A new trial was granted by the supreme court in the third district, (see 16 Barb. 72.) The cause was tried the second time before Hon. Wm. B. Wright, without a jury, .and resulted in a judgment in favor of the plaintiffs.
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THIS was an action to recover a quantity of corn. On the former trial of this cause the defendants had a verdict. A new trial was granted by the supreme court in the third district, (see 16 Barb. 72.) The cause was tried the second time before Hon. Wm. B. Wright, without a jury, .and resulted in a judgment in favor of the plaintiffs. The plaintiffs, Dows & Cary, were commission merchants, doing'business at Hew York, and claimed title to the corn as bona fide purchasers or lien holders thereof for value from Mack, as an alleged purchaser thereof from Hiles & Wheeler, and also as consignees of…
1Opinion of the Court
By the Court,
Hogeboom, J.
The action in this caséis replevin, to recover 2565 bushels of corn alleged to -have been unlawfully -detained by the defendants from the plaintiffs. Both parties claim title to the corn, and through the samé persons, Hiles & Wheeler, who were at 'one. time confessedly the owners thereof. The plaintiff’s title, if otherwise valid, is prior in point of time to that of the defendants, and in such, case must prevail. The question is upon the validity of thó plaintiff’s title; which is always the question in an action of replevin, and especially so in this case, as the.…
2Cases cited2 opinions
- Dows v. . PerrinNew York Court of Appeals · 1857
- Dows v. GreeneNew York Supreme Court · 1852
3Cited by9 opinions
- M. T. Bank v. . F. M. Nat. BankNew York Court of Appeals · 1875
- Dows v. . GreeneNew York Court of Appeals · 1862
- Rawls v. DeshlerNew York Court of Appeals · 1867
- Mechanics & Traders' Bank v. Farmers & Mechanics' National BankNew York Court of Appeals · 1875
- Andrews v. CoxSupreme Court of Arkansas · 1883
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