Wheeler v. . Lawson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fifth judicial department, entered upon an order made October 31, 1884, which affirmed a judgment i'n favor of defendant, entered upon the report of a referee. This was an action in trespass to recover damages for the unlawful and forcible taking by the defendant from the plaintiffs’ possession and the conversion to his use, of certain horses and other personal property belonging to them.
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Appeal from judgment of the General Term of the Supreme Court, in the fifth judicial department, entered upon an order made October 31, 1884, which affirmed a judgment i'n favor of defendant, entered upon the report of a referee. This was an action in trespass to recover damages for the unlawful and forcible taking by the defendant from the plaintiffs’ possession and the conversion to his use, of certain horses and other personal property belonging to them. The complaint contains the usual allegations in such cases, and the defendant, after a general denial, set up by answer that at the time…
1Opinion of the CourtDanforth, J.
Upon these facts this appeal should succeed. The plaintiffs were in actual possession of the property when the defendant, against their will, forcibly seized, removed and sold it. This was enough without any other evidence of title to maintain the action (Stowell v. Otis, 71 N. Y. 36), except against the true owner, or one connecting himself in some way with the true owner. The general denial does not avail the defendant, for justification is not admissible under it. The only defense is in the affirmative answer, which sets up that the property seized belonged to Shoemaker, or Levi Allen as…
2Cases cited5 opinions
- Spring v. . ShortNew York Court of Appeals · 1882
- Hurd v. WestNew York Supreme Court · 1827
- Stowell v. . OtisNew York Court of Appeals · 1877
- Demick v. ChapmanNew York Supreme Court · 1814
- Merritt v. LyonNew York Supreme Court · 1848
3Cited by36 opinions
- Stephens v. . PerrineNew York Court of Appeals · 1894
- Morris Plan Industrial Bank of New York v. SchornCourt of Appeals for the Second Circuit · 1943
- Tremaine v. . MortimerNew York Court of Appeals · 1891
- United States v. LoughreySupreme Court of the United States · 1898
- Brown v. ShawSupreme Court of Minnesota · 1892
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