25 N.Y.S. 200 | N.Y. Sup. Ct. | 1893
This action is in replevin to recover the possession of personal property. The defense is that the goods replevined
The rule as stated by us in Terry v. Munger, 49 Hun, 560-563, 2 N. Y. Supp. 348, is that, where there exists an election between inconsistent remedies, the party is confined to the remedy which he first prefers and adopts after knowledge of all of the facts. Ap: plying this rule to the case under consideration, the prosecution of the action against Devendorf was not an election of remedies,