Brockway v. Burnap
New York Supreme Court
Motion by the plaintiff, to set aside the report of a referee. The action was in the nature of replevin, to recover the possession of personal property. The cause was referred to a referee, who decided that the plaintiff could not maintain the action, inasmuch as it appeared that the defendant was not in possession of the property at the commencement of the suit. He therefore reported in favor of the defendant.
1Opinion of the CourtWillard, J.
The second count of the complaint, which is the only one insisted on by the plaintiff, charges that the defendant, on the 8th March, 1851, at the city of New-York, received and took into his possession the following articles of personal property belonging to the plaintiff, to wit: one promissory note, (describing it, and also describing the other articles, some of which are money;) that he received said property, to be delivered to the plaintiff when requested; but although requested to *348deliver it, he refuses so to do and detains the said property, to the damage, &c. wherefore the plaintiff…
2Cases cited5 opinions
- Allen v. CraryNew York Supreme Court · 1833
- Pangburn v. PatridgeNew York Supreme Court · 1810
- Dunham v. WyckoffNew York Supreme Court · 1829
- Roberts v. RandelThe Superior Court of New York City · 1851
- Hopkins v. HopkinsNew York Supreme Court · 1813
3Cited by13 opinions
- Nichols v. . MichaelNew York Court of Appeals · 1861
- New York Central Insurance v. National Protection InsuranceNew York Supreme Court · 1854
- Nichols v. MichaelNew York Court of Appeals · 1861
- Davis v. RandolphMissouri Court of Appeals · 1877
- Brockway v. BurnapNew York Supreme Court · 1853
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