Wallingford v. . Kaiser
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 21; 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The measure of damages adopted by the court was erroneous. (Parmenter v. Fitzpatrick, 135 N. Y. 190-196; Fleischmann v. Samuel, 18 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 21; 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The measure of damages adopted by the court was erroneous. (Parmenter v. Fitzpatrick, 135 N. Y. 190-196; Fleischmann v. Samuel, 18 App. Div. 97; Morgan v. Gregg, 46 Barb. 183; Wehle v. Haviland, 69 N. Y. 448; Watkinson v. Laughton, 8 Johns. 213; Booth v. Spuyten Duyvil,…
1Opinion of the CourtWillard Bartlett, J.
The only question which we consider it necessary to discuss in passing upon this appeal relates to the measure of damages adopted by the trial court. The action was for the conversion of a number of horses which were seized by the defendant assuming to act under a warrant of attachment issued to him as sheriff of Erie county, the animals having been taken from a railroad train at East Buffalo while in course of transportation from Chicago, Illinois, to Liverpool, England. The learned trial judge instructed the jury that if the plaintiff was entitled to recover at all he was entitled to…
2Cases cited10 opinions
- Baker v. . DrakeNew York Court of Appeals · 1873
- Parmenter v. . FitzpatrickNew York Court of Appeals · 1892
- Brizsee v. MaybeeNew York Supreme Court · 1839
- Spicer v. WatersNew York Supreme Court · 1866
- Hamer v. HathawayCalifornia Supreme Court · 1867
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3Cited by17 opinions
- Fantis Foods, Inc. v. Standard Importing Co.New York Court of Appeals · 1980
- Ashare v. Mirkin, Barre, Saltzstein & Gordon, P. C.New York Supreme Court · 1980
- Roth Coal Co. v. Louisville & N. R.Tennessee Supreme Court · 1919
- Zimmern v. Southern Ry. Co.Supreme Court of Alabama · 1921
- Heneghan v. Cap-A-Radiator ShopsNew York District Court · 1986
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