Wamsley v. . Atlas Steamship Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 9, 1900, affirming a judgment in favor of plaintiff entered upon a verdict. The defendant is the owner of a line of steamships plying between South America, the West Indies and New York. ' In April, 1895, one S. F. Massey took passage on defendant’s steamship Alene, at- Savanilla, a seaport of the United States of Colombia, South America.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 9, 1900, affirming a judgment in favor of plaintiff entered upon a verdict. The defendant is the owner of a line of steamships plying between South America, the West Indies and New York. ' In April, 1895, one S. F. Massey took passage on defendant’s steamship Alene, at- Savanilla, a seaport of the United States of Colombia, South America. His destination was New York. After .paying for a through passage Massey obtained permission to stop over at Port Limón, Costa Pica, where…
1Opinion of the CourtWerner, J.
The action was brought and tried upon the theory that the defendant was liable as for a conversion. The complaint is silent as to the relations which existed between the "defendant and plaintiff’s assignor at the time of the alleged conversion, but the answer asserts and the evidence establishes the relation of carrier and passenger. The question of defendant’s liability as for a conversion must, therefore, be determined in the light of that relation. There are cases in which evidence of demand and .refusal is sufficient to sustain a recovery in conversion, but this rule applies against…
2Cases cited4 opinions
- Magnin v. . DinsmoreNew York Court of Appeals · 1877
- Goulet v. . AsselerNew York Court of Appeals · 1860
- Briggs v. New York Central Rail RoadNew York Supreme Court · 1858
- Eldridge v. AdamsNew York Supreme Court · 1866
3Cited by28 opinions
- I.C.C. Metals, Inc. v. Municipal Warehouse Co.New York Court of Appeals · 1980
- D'Utassy v. . BarrettNew York Court of Appeals · 1916
- Southern Express Co. v. SinclairSupreme Court of Georgia · 1908
- McCoy v. American Express Co.New York Court of Appeals · 1930
- Art Masters Associates, Ltd. v. United Parcel ServiceNew York Court of Appeals · 1990
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