Chamberlain v. Darrow
New York Supreme Court
Motion by tbe plaintiff for a new trial on exceptions taken at the Cattaraugus Circuit and ordered to be heard at General Term in the first instance. The action was brought for the alleged conversion of personal property consisting of a horse, cow and heifer, some farming utensils, growing crops, etc. The defendant alleged, by way of justification, the levy and sale of the property by virtue of an execution issued upon a judgment in favor of one Murphy against the plaintiff.
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Motion by tbe plaintiff for a new trial on exceptions taken at the Cattaraugus Circuit and ordered to be heard at General Term in the first instance. The action was brought for the alleged conversion of personal property consisting of a horse, cow and heifer, some farming utensils, growing crops, etc. The defendant alleged, by way of justification, the levy and sale of the property by virtue of an execution issued upon a judgment in favor of one Murphy against the plaintiff. Amongst the property so levied upon whs some standing grass on the plaintiff’s piremises which was also sold after it…
1Opinion of the Court
Bradley, J.:
The evidence tends to prove that the cow and heifer in question belonged to the wife of the plaintiff up to the time of her death, in December, 1885, and of that fact he gave the defendant notice prior to the sale. This levy of the execution was made July 17, 1886. The cow and heifer wére then in the custody or possession of the plaintiff. And it is contended that on the assumption that the property was the estate of his deceased wife, the possession of the plaintiff enabled him to recover for the taking and conversion of it within the rule that, as against a wrong-doer or a party…
2Cases cited9 opinions
- Kneettle v. . NewcombNew York Court of Appeals · 1860
- Wheeler v. . LawsonNew York Court of Appeals · 1886
- Woodward v. MurrayNew York Supreme Court · 1820
- Stowell v. . OtisNew York Court of Appeals · 1877
- Bowne v. WittNew York Supreme Court · 1838
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