Fox v. McGregor
New York Supreme Court
This was an action of trover for a horse. The conversion was stated to have been on the 14th of August, 1849, and the action was commenced before a justice of the peace, the week following. The plaintiff gave evidence tending to show that he was the owner of the horse, and that it was sold by an auctioneer, by order of the defendants on the 14th of August, 1849, and bid off by a stranger.
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This was an action of trover for a horse. The conversion was stated to have been on the 14th of August, 1849, and the action was commenced before a justice of the peace, the week following. The plaintiff gave evidence tending to show that he was the owner of the horse, and that it was sold by an auctioneer, by order of the defendants on the 14th of August, 1849, and bid off by a stranger. On the part of the defendants, it was proved that they were innkeepers in the city of Troy, and that in their notice of sale, they claimed to sell the horse “ by virtue of an innkeeper’s license.” It was…
1Opinion of the Court
By the Court,
Willard, P. J.
The justice must have found as a fact that the property of the horse was in the plaintiff, and that the defendants sold him under the pretense of a lien as innkeepers. The evidence clearly justified that finding. The sale was a conversion, and superseded the necessity of any demand, before the commencement of the action. The important question is whether the defendants showed any right thus to dispose of the horse. If the horse came into the defendants’ inclosure as a stray, they had no right to sell him without pursuing the course pointed out by the revised…
2Cited by8 opinions
- Knapp, Stout & Co. Co. v. McCaffreyIllinois Supreme Court · 1899
- Ingalsbee v. WoodNew York Supreme Court · 1862
- Ingallsbee v. . WoodNew York Court of Appeals · 1865
- McDonald & Co. v. BennettSupreme Court of Iowa · 1877
- Bissell v. PearseNew York Supreme Court · 1861
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