McClellan v. Wyatt
City of New York Municipal Court
Appeal from trial term. The action is in trover for the conversion of two cases of goods shipped by the plaintiff at Titusville, Pa., on the New York, Lake Erie & Western Railroad, in May, 1884. The theory of the plaintiff is that after the goods arrived at New York they were placed on storage with the defendant; that he refused to give them up on tender of the proper charges. Hence the conversion.
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Appeal from trial term. The action is in trover for the conversion of two cases of goods shipped by the plaintiff at Titusville, Pa., on the New York, Lake Erie & Western Railroad, in May, 1884. The theory of the plaintiff is that after the goods arrived at New York they were placed on storage with the defendant; that he refused to give them up on tender of the proper charges. Hence the conversion. The evidence proved that the defendant was a mere employe of the railroad company, to-wit, its store-keeper. That on May 15, 1884, the goods arrived in New York, and the defendant notified the…
1Opinion of the CourtMcAdam, C. J.
The defendant was not guilty of breach of duty, 'and there was no conversion of the property by him. The freight charges were not paid, and the property never left the control of the railroad company until after the sale by it, hereafter referred to. The defendant never had possession of the property except in a qualified sense,—as an employe of the railroad company; subject to its control and direction. He offered to prove that his employer sold the property before any demand was' made upon him for it. This testimony ought to have been received, as it tended to show that compliance with the…
2Cases cited6 opinions
- Gillet v. . RobertsNew York Court of Appeals · 1874
- Yale v. SaundersSupreme Court of Vermont · 1844
- Andrews v. ShattuckNew York Supreme Court · 1860
- Shearin v. . RiggsbeeSupreme Court of North Carolina · 1887
- Blakey v. DouglassSupreme Court of Pennsylvania · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Tasker v. RyanAppellate Division of the Supreme Court of the State of New York · 1896
- Tasker v. RyanAppellate Division of the Supreme Court of the State of New York · 1896