Legal Opinion

Maxwell v. Pratt

New York Supreme Court

Decided April 15, 1881Published

Motion for a new trial on exceptions directed to be beard in tbe first instance at tbe General Term, after a nonsuit ordered at tbe Circuit.

1Opinion of the Court

Talcott, P. J.:

Tbis is a motion for a new trial on exceptions by tbe plaintiffs, after a nonsuit at tbe Erie Circuit.

Tbe facts of tbe case are, in brief, as follows: Tbe plaintiffs sued as executors of tbe will of Elizabeth IT. Maxwell for the conversion by tbe defendant of certain goods and chattels, to wit, one third of a building situated near tbe village of Corfu, in Genesee county, alleging that tbe defendant unlawfully took and claimed possession of said property, and took and converted tbe same to bis own use. Tbe defendant answered tbe complaint, alleging, after a general denial, as…

2Cases cited7 opinions

  1. Zabriskie v. . SmithNew York Court of Appeals · 1855
  2. Fisher v. . HallNew York Court of Appeals · 1869
  3. De Puy v. . StrongNew York Court of Appeals · 1867
  4. Tripp v. RileyNew York Supreme Court · 1863
  5. Wigand v. SichelNew York Court of Appeals · 1866

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