¶1The Court, upon the argument, reversed the judgment of the Supreme Court, and County Court, and affirmed that of the justice, upon the ground that it being a question of fact, and a question as to the credibility of the witnesses by which that fact was sought to be established, made it a proper case for the decision and final determination by the jury.
4 How. Pr. 27
Rice v. Floyd
Decided May 15, 1849
New York Court of Appeals · decided 1849-05-15
This was an action of trespass, commenced before a justice of the peace. Floyd sued Rice for taking and selling a set of harness. Held: that it was a question of fact, whether the harness belonged to the plaintiff, Floyd, or to Thomas Biggs, the defendant, in the execution under which it was taken and sold. That the testimony as to Floyd’s ownership, was all on one side.
Decided 1849-05-15