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3 E.D. Smith 353

Conlan v. Latting

New York Court of Common Pleas

Decided October 15, 1854

New York Court of Common Pleas · decided 1854-10-15

This was an action in the nature of trover, tried before the justice of the Second District Court and a jury. The opinion states the facts as established by the evidence. The trial resulted in a verdict and judgment in favor of the plaintiff. The defendant appealed.

Decided 1854-10-15

By the Court. Woodruff, J.

¶1This case appears to me too plain to render discussion necessary. The proof showed that six tables, belonging to the defendant, were clandestinely taken away from his office by persons who are not shown to have had any authority whatever to remove or sell them, and taken to the plaintiff’s store and there sold to him.

¶2By such a purchase he acquired no title as against the defendant, the real owner.

¶3The defendant had, therefore, a perfect right to take the tables; and, if it be assumed that in rendering assistance to an officer of the law executing a search warrant, he made himself personally liable, if the title was not in himself, which is not very clear upon the case appearing on the tidal below, still he was not liable for the plain reason that he only took his own property.

¶4There is no conflict of testimony, and the verdict seems to me wholly against the evidence and the law applicable to the subject. It must, I think, have been founded in some- gross misapprehension.

¶5The judgment should be reversed with costs.

¶6Judgment reversed, with costs.

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