Ponderosa Pines, Inc. v. Queens Farm Dairy, Inc.

Judgment unanimously reversed, on the law, with costs, and a new trial granted. Memorandum: In this action for conversion of whey processing equipment by the two defendants-appellants, plaintiff offered proof that each defendant had converted some of the property which was missing from the place of plaintiff’s operations. There was no proof, however, that the defendants acted in concert or that either aided or participated in the conversion by the other. So far as it appears, their acts were several and independent. In this circumstance, the judgment granted jointly against both defendants…