Scott v. Drennen
New York Court of Common Pleas
Appeal from an order of the general term of the marine court of the City of New York, affirming a judgment of that court entered on the verdict of a jury. The action was brought to recover damages for the conversion of a horse alleged to have been wrongfully detained by the defendant from the plaintiff. The plaintiff was the owner of the horse, and had entrusted it to one Goff, to show it to persons desiring to purchase a hi*rse.
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Appeal from an order of the general term of the marine court of the City of New York, affirming a judgment of that court entered on the verdict of a jury. The action was brought to recover damages for the conversion of a horse alleged to have been wrongfully detained by the defendant from the plaintiff. The plaintiff was the owner of the horse, and had entrusted it to one Goff, to show it to persons desiring to purchase a hi*rse. Goff failed to return it to the plaintiff, and it was soon afterwards purchased by the defendant at a public auction. It was subsequently taken from the defendant by…
1Opinion of the CourtVan Brunt, J.
It seems to me very evident that the judgment of the court of common pleas in the action of Drennen v. .Philips was no bar to the present action.
There was no privity between the plaintiff and Philips.
The action of replevin is merely a possessory action, and, as against Philips, Drennen might well have been entitled to the possession of the horse, when he would have no defense to the claim of possession of the plaintiff. Philips was in no manner the employe of the plaintiff, and derived no authority whatever to act for him. He was the servant of the people, and derived his authority to act…
2Cited by1 opinion
- Skelly v. JonesAppellate Division of the Supreme Court of the State of New York · 1901