Rodermund v. . Clark
New York Court of Appeals
Appeal from judgment of the General Term of the second district, affirming a judgment entered in Orange county upon the report of a referee. — In December, 1862, the defendant Clark, was the sole owner of the sloop Boliver; and about that time he contracted to, and did sell, an undivided half of the vessel to John W. Ward for $1,500. Clark agreed to put Ward in possession in the spring of 1863. In the meantime the vessel was overhauled and repaired.- In the month of May,…
Read the full summary
Appeal from judgment of the General Term of the second district, affirming a judgment entered in Orange county upon the report of a referee. — In December, 1862, the defendant Clark, was the sole owner of the sloop Boliver; and about that time he contracted to, and did sell, an undivided half of the vessel to John W. Ward for $1,500. Clark agreed to put Ward in possession in the spring of 1863. In the meantime the vessel was overhauled and repaired.- In the month of May, 1863, dark, pursuant to the contract of sale, delivered possession of the property to Ward as part owner and as captain.…
1Opinion of the CourtFolger, J.
It must be taken as one of the facts in this case, that there was an absolute sale, of one equal undivided half of the sloop, by the defendant to John W. Ward, and that Ward became the unconditional owner of that one-half. The referee has so found, and there is testimonj to sustain the finding.
When then, the defendant afterward sold the whole of the sloop to Malcolm, ignoring the rights in her of Ward, his act authorized Ward to sue for a conversion of the property ( White v. Osborn, 21 Wend., 72; Dyckman v. Valiente, 42 N. Y., 549); and this although the sloop was hot put beyond the reach of…
2Cases cited4 opinions
- Morris v. . RexfordNew York Court of Appeals · 1859
- Littlefield v. BrownNew York Supreme Court · 1828
- Dyckman v. . ValienteNew York Court of Appeals · 1870
- White v. OsbornNew York Supreme Court · 1839
3Cited by56 opinions
- Fowler v. . Bowery Savings BankNew York Court of Appeals · 1889
- Merritt v. American Steel-Barge Co.Court of Appeals for the Eighth Circuit · 1897
- Thompson v. HowardMichigan Supreme Court · 1875
- Nanson v. JacobSupreme Court of Missouri · 1887
- Kearney Milling & Elevator Co. v. Union Pacific Railway Co.Supreme Court of Iowa · 1896
51 more not listed; retrieve them via the Exa API.