Griffin v. . Long Island Railroad Co.
New York Court of Appeals
Appeal from the judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 11, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion.
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Appeal from the judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 11, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion. Plaintiff having merely proved the bare fact of defendant’s possession, defendant should have been allowed to prove its ownership of the cars although not set up in its answer. (Knapp v. Roche, 94 N. J. 333; Weaver v. Barden, 49 id. 297; Stowell…
1Opinion of the CourtEarl, J.
This action was brought to recover the possession of two railroad cars. The plaintiff in his complaint alleged that he was the receiver of the Southern Hempstead Branch Railroad Company, and that he as such became entitled to the two cars; that some time between the 1st of July, 1875, and the 1st of July, 1878, the defendant took from the possession of his railroad company the two cars, then the property of that company; that the cars were in the possession of the defendant and had been for several years, but that the defendant refused to deliver the same to the plaintiff, although before…
2Cases cited6 opinions
- McKyring v. . BullNew York Court of Appeals · 1857
- Clark v. . DillonNew York Court of Appeals · 1884
- Kennedy v. ShawIndiana Supreme Court · 1872
- Robinson v. FrostNew York Supreme Court · 1853
- Stowell v. . OtisNew York Court of Appeals · 1877
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3Cited by78 opinions
- Hofferman v. SimmonsNew York Court of Appeals · 1943
- Linton v. Unexcelled Fireworks Co.New York Court of Appeals · 1891
- Milbank v. . JonesNew York Court of Appeals · 1894
- Siedenbach v. . RileyNew York Court of Appeals · 1888
- Gallick v. BordeauxMontana Supreme Court · 1899
73 more not listed; retrieve them via the Exa API.