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3 Hill & Den. 168

Morris v. Danielson

New York Supreme Court

Decided July 15, 1842

New York Supreme Court · decided 1842-07-15

P. Morris brought replevin for a pair of horses in the court below, and declared for an unlawful taking. The defendants severally pleaded non cepit. On the trial the plaintiff proved that he bought the horses of one Dayton on the 19th of August, 1839, and took them into his possession and used them. He then proved that' the defendants in September following had the horses in their possession and took them to a stable in Watts street and left them there to be kept.

Decided 1842-07-15

By the Court, Bronson, J.

¶1When the plaintiff had proved that the defendants were found taking away and disposing of his property, of which he had just before been in possession, it was enough to cast the burden on the defendants of showing how they came to the possession of the property. We are not to presume that the horses strayed from the plaintiff, or that the defendants got them by purchase or bailment. There was not only evidence enough to carry the cause to the jury, but if that evidence was not answered, the plaintiff would clearly be entitled to a verdict in his favor.

¶2Judgment reversed.

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