Anstice v. Holmes

New York Supreme Court

Anstice v. Holmes

3 Denio 244

CourtNew York Supreme Court

DecidedJuly 15, 1846

StatusPublished

Cited by12 cases

This text of 3 Denio 244 (Anstice v. Holmes) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Anstice v. Holmes, 3 Denio 244 (N.Y. Super. Ct. 1846).

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Opinion

By the Court, Bronson, Ch. J.

The plea is bad in form for not showing who owned the goods. The defendants have, in effect, pleaded property in themselves or a stranger, without saying which: or if in a stranger, without saying what one in particular. The plea should have been, that the goods were the property of the defendants, or of some third person, naming him; and not the property of the plaintiff. All the precedents are so. (Wildman v. Norton, 1 Vent. 249 ; Wildman v. North, 2 Lev. 92; Butcher v. Porter, Carth. 243 1 Show. 400; 1 Salk. 94, S. C.; Presgrave v. Saunders, 1 id. 5; 6 Mod. 81; 2 Ld. Raym. 984, S. C.; Harrison v. McIntosh, 1 John. 380; Rogers v. Arnold, 12 Wend. 30 ; 8 Wend. Pl. 16, 17; 2 Lill Ent. 358; 3 Chit. Pl. 1044, ed. of ’37; Bull. N. P. 54.) It is true that the point of the issue will be on property in the plaintiff But I think the defendants could only give evidence of property in the person named in the plea. (Prosser v. Woodward, 21 Wend. 205.) If it were, however, a question of mere form, established precedents are not to be disregarded. (Titus v. Follet, 2 Hill, 318.) An unnecessary departure from precedents, whether it spring from the love of change, or be the result of negligence or ignorance on the part of the pleader, ought not to be encouraged. It can only lead to useless litigation, delay and expense.

Judgment for the plaintiff.

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By the Court, Bronson, Ch. J.

The plea is bad in form for not showing who owned the goods. The defendants have, in effect, pleaded property in themselves or a stranger, without saying which: or if in a stranger, without saying what one in particular. The plea should have been, that the goods were the property of the defendants, or of some third person, naming him; and not the property of the plaintiff. All the precedents are so. (Wildman v. Norton, 1 Vent. 249 ; Wildman v. North, 2 Lev. 92; Butcher v. Porter, Carth. 243 1 Show. 400; 1 Salk. 94, S. C.; Presgrave v. Saunders, 1 id. 5; 6 Mod. 81; 2 Ld. Raym. 984, S. C.; Harrison v. McIntosh, 1 John. 380; Rogers v. Arnold, 12 Wend. 30 ; 8 Wend. Pl. 16, 17; 2 Lill Ent. 358; 3 Chit. Pl. 1044, ed. of ’37; Bull. N. P. 54.) It is true that the point of the issue will be on property in the plaintiff But I think the defendants could only give evidence of property in the person named in the plea. (Prosser v. Woodward, 21 Wend. 205.) If it were, however, a question of mere form, established precedents are not to be disregarded. (Titus v. Follet, 2 Hill, 318.) An unnecessary departure from precedents, whether it spring from the love of change, or be the result of negligence or ignorance on the part of the pleader, ought not to be encouraged. It can only lead to useless litigation, delay and expense.

Judgment for the plaintiff.

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Bluebook (online)

3 Denio 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anstice-v-holmes-nysupct-1846.

Opinion

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