7 Johns. 302
Decided November 15, 1810
New York Supreme Court · decided 1810-11-15
THIS was an action of trover, for machinery, tools, wrought and unwrought materials, belonging to the plaintiff, a blockmaker. The cause was tried at the New-York Sittings, the 11th of December, 1809, before Mr. Justice Yates. In 1805, the plaintiff sent the tools ánd machinery and materials with an overseer, to the state-prison, to employ the prisoners to work in making blocks, pursuant to an agreement made between the plaintiff and the inspectors of the prison.
Cited by 1 later decisions — most recently January 1892
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1810-11-15
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¶1The defendant exercised authority and dominion, in the detention of the goods; and the detention of them must be considered as his act. He clearly had no right to detain, or direct the clerk to detain, the tools and machinery; for they were not comprehended in the contract. The nonsuit ought, therefore, to be set aside, and a new trial granted. (Bristol v. Burt.
¶2Motion granted..
¶3Ante, 254.