New York Court of Appeals

Francis F. Allen, Appellant v. Harvey Fox, Respondent

March 5, 187351 N.Y. 562

Summary

The Court affirmed the judgment, holding that in a replevin action for personal property that has a usable value, the value of the use of the property during the period of detention is a proper item of damages. The decision rests on statutory provisions and prior case law distinguishing replevin from trover.