Brackett v. Watkins
New York Supreme Court
Error from the Onondaga common pleas. Brackett sued Watkins in an action of replevin, for taking 30 runs of woollen yarn. The plaintiff proved that he was a householder, and that in March, 1837, the yarn was taken from his possession by virtue of an execution in favor of the defendant, and by his direction. In March, 1836, the plain tiff purchased 300 sheep, which he sheared, and sold the whole of the wool except one large fleece of about 4 pounds.
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Error from the Onondaga common pleas. Brackett sued Watkins in an action of replevin, for taking 30 runs of woollen yarn. The plaintiff proved that he was a householder, and that in March, 1837, the yarn was taken from his possession by virtue of an execution in favor of the defendant, and by his direction. In March, 1836, the plain tiff purchased 300 sheep, which he sheared, and sold the whole of the wool except one large fleece of about 4 pounds. In the summer or autumn of the same year he sold the sheep he purchased in March. On this evidence the plaintiff rested. The defendant moved for a…
1Opinion of the Court
By the Court,
Cowen, J.
The first of the grounds taken by the defendant’s counsel in the court below is now given up as erroneous, on the authority of Hall v. Penney, 11 *69Wendell, 44. By this case the words of the statute were equitably extended beyond their literal import, and made to cover cloth, yarn, &c. whether it comes from the sheep of the owner or not.
Nor can I perceive any force in the other points, 'when taken in the abstract. It was pretty evident that the plaintiff had reduced himself to the 30 runs, and had no more. Being a householder, the statute conferred upon this the same…
2Cited by11 opinions
- O'Donnell v. SegarMichigan Supreme Court · 1872
- Gray v. CrockettSupreme Court of Kansas · 1886
- Elder v. WilliamsNevada Supreme Court · 1882
- Comstock v. BechtelWisconsin Supreme Court · 1885
- Moses v. JulianSupreme Court of New Hampshire · 1863
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