New York Court of Appeals

Employers’ Fire Insurance Company, Appellant v. Mattie Cotten, Respondent, Impleaded With Another

May 3, 1927245 N.Y. 102

Summary

The Court held that a plaintiff may bring a replevin action without first making a demand when the defendant, although an innocent purchaser, has been fully informed of the theft and the defect in title and continues to assert dominion over the chattel. The judgment of the lower courts was reversed and judgment entered for the plaintiff.