Citation Numbers: 76 N.Y. Sup. Ct. 613, 52 N.Y. St. Rep. 934
Filed Date: 4/15/1893
Status: Precedential
Modified Date: 11/12/2024
Judgment and order reversed on the exceptions and a new trial ordered, with costs to abide the event. Held, that at the time of the seizure the plaintiff had not the right to reduce the property into his possession, and, therefore, replevin is not maintainable (Code, § 1690, subd. 3; Savell v. Waful, 21 N. Y. Civ. Pro. Rep. 18; S. C., 63 Hun, 627.)