Rogers v. Arnold
New York Supreme Court
This was an action of replevin, tried at the Saratoga circuit in November, 1831, before the Hon. Esek Cowen, one pf the circuit judges. The plaintiff declared for the taking of the mill-irons, or machinery of a saw-mill, being the goods and chattels of the plaintiff.
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This was an action of replevin, tried at the Saratoga circuit in November, 1831, before the Hon. Esek Cowen, one pf the circuit judges. The plaintiff declared for the taking of the mill-irons, or machinery of a saw-mill, being the goods and chattels of the plaintiff. The defendants severally pleaded non cepit, and also put in a number of special pleas, (sometimes all, and sometimes less than all uniting in a plea,) alleging property in the goods and chattels to be, 1. in themselves and one Earl Whit-ford, as tenants in common ; 2. in themselves as tenants in common with Earl Whitford and the…
1Opinion of the Court
By the Court,
Nelson, J.
It has been long settled in this state that the possession of personal chattels by the plaintiff and an actual wrongful taking by the defendant are sufficient to support replevin, and that it may be brought, where trespass de ionis asportatis will lie. 7 Johns. Rep. 140. 17 id. 116. 1 Wendell, 109. 10 id. 322, 349.
By the 2 R. S. 522, § 1, it is also an appropriate remedy in any case of a wrongful detention of personal property, and it is now brought in many instances in the place of trespass and trover.
As the pleading in this action is in some respects complicated and…
2Cases cited4 opinions
- Marshall v. DavisNew York Supreme Court · 1828
- Bemus v. BeekmanCourt for the Trial of Impeachments and Correction of Errors · 1829
- Seldon v. HickockNew York Supreme Court · 1804
- Christman v. FloydNew York Supreme Court · 1832
3Cited by54 opinions
- Stowell v. . OtisNew York Court of Appeals · 1877
- Prosser v. WoodwardNew York Supreme Court · 1839
- Ely v. . EhleNew York Court of Appeals · 1850
- Pico v. PicoCalifornia Supreme Court · 1880
- Shaw v. KalerMassachusetts Supreme Judicial Court · 1871
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