Heath v. Haggerty

121 N.Y.S. 1135 Court N.Y. App. Div. Decision date 1910-03-04 English

Contents

Majority

p. 1135

HEATH, Appellant, v. HAGGERTY, Respondent.

(Supreme Court, Appellate Division, Second Department.

March 4, 1910.)

Headnote

Action by Carlos Heath against Frank L. Haggerty.

Judgment of the Municipal Court reversed, and a new trial ordered, costs to abide the event, on the ground that it was not essential to the plaintiff’s cause of action to prove the value of the chattel which he had replevied, and which was still in his possession.