Williston v. Jones
The Superior Court of New York City
Motion on the part of the plaintiff for judgment, upon a verdict taken subject to the opinion of the court at General Term. The cause was tried before Woodruff, J., and a jury, in October, 1856. The following is a statement of the pleadings and of the facts proved upon the trial.
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Motion on the part of the plaintiff for judgment, upon a verdict taken subject to the opinion of the court at General Term. The cause was tried before Woodruff, J., and a jury, in October, 1856. The following is a statement of the pleadings and of the facts proved upon the trial. The complaint set forth that the defendants, on the 8th of December, 1854, wrongfully took from the possession of the plaintiff, and carried away property to the value of $237, consisting of starch, candles, and soap, as specified. It demands delivery of the goods and $100 for damages for the detention, or that the…
1Opinion of the CourtBosworth, J.
The complaint alleged that the defendants wrongfully and forcibly took the goods from the possession of the plaintiff; that they were worth $237, and prayed judgment that they be restored; and for $100 damages for the detention thereof. It stated a cause of action. The answer put these allegations at issue. Jones also alleged that he was a constable, and, as such, took them on an execution in favor of Van Bauer v. Speilman & Kitz, and from their possession, and that the goods were their property.
It was, of course, competent for the plaintiff to rebut any evidence which tended to show that the…
2Cases cited3 opinions
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Wood v. LowryNew York Supreme Court · 1837
- Hull v. CarnleyThe Superior Court of New York City · 1853
3Cited by4 opinions
- Gay v. BidwellMichigan Supreme Court · 1859
- Eckman & Vetsburg v. MunnerlynSupreme Court of Florida · 1893
- Brown v. PlattThe Superior Court of New York City · 1861
- Koster v. MerrittSupreme Court of Connecticut · 1864