Halsey v. Hart
New York Supreme Court
Appeal from Tompkins county court. Action by William D. Halsey against Ebenezer H. Hart to recover possession of personal property. From a judgment reversing the judgment of the justice’s court in favor of plaintiff, plaintiff appeals. Reversed.
1Opinion of the CourtHardin, P. J.
Plaintiff derived possession of the cutter in the year 1885 or 1886 from Mrs. Harmon. When he visited her house, the cutter was in her possession. He entered into negotiations with her for the purchase thereof, and consummated it by paying her $3.50. She, by her conversations and declarations made *666contemporaneously with the sale to him, asserted her ownership of the cutter. She had had possession of it for a considerable length of time. Undoubtedly the evidence discloses that the cutter was once the property of the defendant’s father. There is no direct and positive evidence that the father…
2Cases cited4 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Kavanagh v. . WilsonNew York Court of Appeals · 1877
- Koehler v. . AdlerNew York Court of Appeals · 1879
- Duryea v. AndrewsNew York Supreme Court · 1890
3Cited by4 opinions
- Duffus v. SchwingerNew York Supreme Court · 1895
- Clark v. DanielsAppellate Division of the Supreme Court of the State of New York · 1898
- Staples v. HagerAppellate Division of the Supreme Court of the State of New York · 1896
- Reeves v. FrostAppellate Division of the Supreme Court of the State of New York · 1897