Legal Opinion

Turner v. Cedar

Appellate Terms of the Supreme Court of New York

Decided January 17, 1905PublishedCited by 1 opinion

Appeal from Municipal Court, Borough of Manhattan, Eighth District. Action by Maude Turner against Peter Cedar and others. From a judgment in favor of plaintiff, defendants appeal.

1Opinion of the CourtScott, J.

The justice below resolved the question of fact in favor of the plaintiff upon conflicting evidence. With his conclusion we do not feel called upon to disagree. We must therefore conclude that the respondent neither herself sold the dog to the appellant, nor authorized the dealer, Cedar, to do so. It follows that the appellant never came rightfully into possession of the animal, and never acquired either title or right of possession. If it is not made Entirely clear in whose possession the dog actually was immediately before this action was begun, the confusion is caused by circumstances of…

2Cases cited1 opinion

  1. Bunke v. New York Telephone Co.Appellate Terms of the Supreme Court of New York · 1904

3Cited by1 opinion

  1. Price v. Evans, New York County Courts1934

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