Willard v. Bridge
New York Supreme Court
This was an appeal from a judgment of the Oneida county court. Bridge sued Willard before a justice of the peace, and declared verbally in assumpsit, and on all the common counts.
Read the full summary
This was an appeal from a judgment of the Oneida county court. Bridge sued Willard before a justice of the peace, and declared verbally in assumpsit, and on all the common counts. The defendant’s counsel desired a more specific declaration, whereupon the plaintiff’s counsel stated that the plaintiff claimed to recover pay for two bales of hops which bad been delivered by one Hurlbut to the defendant, at his store-house, and which were subsequently sold by Hurlbut to the»plaintiff, and which the defendant refused to redeliver, or account for. The defendant pleaded the general issue and gave…
1Opinion of the Court
By the Court, Allen, J.
The defendant, upon this appeal,» objects that the action was in assumpsit, and that the plaintiff did not by his proof make a case to entitle him to recover, either1 upon the common counts, as for the hops sold and delivered, or upon a contract of bailment; and that the declaration did not authorize a recovery as for a conversion of the property. There is no ground upon which the defendant can be charged in this action in the name of the present plaintiff, upon the Contract of bailment made with Hurlbut. (Suydam v. Smith, 7 Hill, 182.) And there is no evidence to…
2Cases cited7 opinions
- Musier v. TrumpbourNew York Supreme Court · 1830
- Dean v. GridleyNew York Supreme Court · 1833
- Groff v. GriswoldCourt for the Trial of Impeachments and Correction of Errors · 1845
- Fitch v. MillerNew York Supreme Court · 1834
- Kline v. HustedNew York Supreme Court · 1805
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Paige v. FazackerlyNew York Supreme Court · 1862
- Lehman, Durr & Co. v. MarshallSupreme Court of Alabama · 1872
- Coykendall v. EatonNew York Supreme Court · 1869
- McKillop v. ReichAppellate Division of the Supreme Court of the State of New York · 1902
- Briggs v. JonesNew York Court of Common Pleas · 1894
10 more not listed; retrieve them via the Exa API.