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Shotwell v. Wendover

Shotwell against Wendover

Shotwell v. Wendover, 1 Johns. 65 (N.Y. Sup. Ct. 1806)
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Court
New York Supreme Court · State Trial Courts
Decided
February 15, 1806
Citations
1 Johns. 65
Cited by 5
Headnotes
In trover, the court will not. order articles which have been tendered to the plaintiff and refused, to be struck out of thededaration; for the plaintiff may claim damages for their deterioration. Machines and tools of a man’s trade, are not allowed to be brought into court in an action of trover.
Summary
EMOTT, in béhalf of the defendants, moved that certain articles, enumerated in. an affidavit, being chiefly tools and implements, belonging to the plaintiff as a block-maker^ should be struck out of the plaintiff’s declaration, on the ground, that since the commencement of the present suit, which Was an action of trover, the defendant had offered to return them to the plaintiff, who had refused to accept them.

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Opinion of the Court

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Per Curiam.

The plaintiff has a right to claim damages for the use of the articles, and for their deterioration, while in the possession of the defendant. By striking them out of the declaration, the plaintiff would be deprived of his remedy for those damages. .The articles, too, are not such, as are proper to be brought into court.

Rule refused.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 5 cases

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1860–1861: 11868–1869: 11882–1883: 11892–1893: 12016–2017: 118602026peak 1860 · 1

Relies on it most ⓘ

  1. J & D Towing, LLC v. American Alternative Insurance Corp.478 S.W.3d 649 (Tex. 2016)
  2. Moore, McKinney & Co. v. King23 S.W. 484 (Tex. App. 1893)
  3. Harrison v. State36 Ala. 248 (1860)
  4. Woolsey v. Seely1 Wright 360 (1883)
  5. Foster v. State19 Ohio St. (N.S.) 415 (1869)

Most recent

  1. J & D Towing, LLC v. American Alternative Insurance Corp.478 S.W.3d 649 (Tex. 2016)
  2. Moore, McKinney & Co. v. King23 S.W. 484 (Tex. App. 1893)
  3. Woolsey v. Seely1 Wright 360 (1883)
  4. Foster v. State19 Ohio St. (N.S.) 415 (1869)
  5. Harrison v. State36 Ala. 248 (1860)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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