Heald v. MacGowan
New York Court of Common Pleas
Appeal from trial term. Action by John 0. Heald against Robert MacGowan, to recover the value of certain electrotype plates converted by defendant. Plaintiff claimed as assignee of G. H. Gardner & Co. under the general assignment act. The defendant denied plaintiff’s title, and the validity of the assignment.
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Appeal from trial term. Action by John 0. Heald against Robert MacGowan, to recover the value of certain electrotype plates converted by defendant. Plaintiff claimed as assignee of G. H. Gardner & Co. under the general assignment act. The defendant denied plaintiff’s title, and the validity of the assignment. The firm of Gardner & Go. consisted óf G. H. Gardner and David Daggett, and they were engaged in a general export commission business, trading principally with persons in Australia and Hew Zealand, for whom they made purchases. In order to increase their trade they compiled and published…
1Opinion of the Court
Per Curiam:.
This is an action for the conversion of certain stereotype plates, brought by the plaintiff as assignee of G. H. Gardner & Co., under a general assignment for the benefit of creditors. We are of opinion that no error in the trial of the ease is shown by the exceptions. The validity of the assignment for want of sufficient legal authority in Mr. Daggett, one of the partners of G. H. Gardner & Co., to execute it, and the rulings of the court admitting and excluding evidence as to the value of the property, and in the charge and refusal to charge in respect to such value, are the…
Also in this document: Per curiam.
2Cases cited2 opinions
- Curley v. TomlinsonNew York Court of Common Pleas · 1874
- Mount v. . MitchellNew York Court of Appeals · 1865
3Cited by11 opinions
- MacGregor v. WattsAppellate Division of the Supreme Court of the State of New York · 1938
- Leoncini v. PostNew York Court of Common Pleas · 1891
- Lovell v. SheaThe Superior Court of the City of New York and Buffalo · 1892
- Taft v. Smith, Gray & Co.Appellate Terms of the Supreme Court of New York · 1912
- Waterman v. American Pin Co.Appellate Terms of the Supreme Court of New York · 1897
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