Wilson v. Finney

13 Johns. 358 | N.Y. Sup. Ct. | 1816

Per (Juriam.

' This judgment cannot be supported.,: -There is no Colour for-depriving the plaintiff of a recovery-for the value of two sheeps as there is no pretence that more than four ■were taken under the'attachment against him. But the plain til? vTas. entitled to recover for the whole number. The property in the sheep, delivered by the plaintiff, was changed, and duly vested -in the defendant. He was under no obligation to return the same. sheep,' but only those of equal value; They were at his .absolute, disposal and risk. - • . . ■

J udgment reversed.