Dyke v. National Transit Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the National Transit Company and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Allegany on the 9th day of January, 1896, upon the decision of the court rendered after a trial at the Allegany Trial Term before the court without a jury. This appeal was transferred from the fourth department to the third department.
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Appeal by the defendants, the National Transit Company and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Allegany on the 9th day of January, 1896, upon the decision of the court rendered after a trial at the Allegany Trial Term before the court without a jury. This appeal was transferred from the fourth department to the third department. On July 20, 1881, the defendants Doty and Spargur being in possession of, and claiming in good faith to be the owners of, premises which were actually owned by the plaintiff,…
1Opinion of the Court
Landon, J.:
This judgment is a violent shock to one’s sense of justice. It rests mainly upon Silsbury v. McCoon (3 N. Y. 379). That was a case where the wrongdoer, knowing that he was doing wrong, converted the owner’s corn into whiskey, and it was held that the title to the whiskey still remained in the owner of the corn. Here the wrongdoer mistakenly supposed he had the right to take the oil. The trial court found that all the acts of every one of the defendants were done in the honest belief that the defendants had good title to the oil as against the plaintiff. The difference between the…
2Cases cited6 opinions
- Wooden-Ware Co. v. United StatesSupreme Court of the United States · 1882
- Silsbury & Calkins v. McCoon & ShermanNew York Court of Appeals · 1850
- Loos v. . WilkinsonNew York Court of Appeals · 1889
- Stockbridge Iron Co. v. Cone Iron WorksMassachusetts Supreme Judicial Court · 1869
- Hughes v. United Pipe LinesNew York Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Kahle v. Crown Oil Co.Indiana Supreme Court · 1913
- Durant Min. Co. v. Percy Consol. Min. Co.Court of Appeals for the Eighth Circuit · 1899
- Campbell v. SmithIndiana Supreme Court · 1913
- Whitaker v. McGeeAppellate Division of the Supreme Court of the State of New York · 1985
- Robinson v. Gordon Oil Co.Michigan Supreme Court · 1934
1 more not listed; retrieve them via the Exa API.