Legal Opinion

McLean v. Griot

Appellate Division of the Supreme Court of the State of New York

Decided March 8, 1907PublishedCited by 5 opinions

Appeal by the defendants, George Griot and another, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of Mew York on the 26th day of March, 1906, affirming a judgment of the City Court of the city of Mew York in favor of the plaintiff, entered in the office of the clerk of said court on the 26th day of October, 1905, upon the verdict of a jury rendered by direction of the court, and also affirming an order of said City…

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Appeal by the defendants, George Griot and another, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of Mew York on the 26th day of March, 1906, affirming a judgment of the City Court of the city of Mew York in favor of the plaintiff, entered in the office of the clerk of said court on the 26th day of October, 1905, upon the verdict of a jury rendered by direction of the court, and also affirming an order of said City Court entered" on the 26th day of October, 1905, denying the defendants’ motion for a new trial made upon the minutes.

1Opinion of the Court

Houghton, J.:

The action is in conversion and by his amended complaint the plaintiff alleges that on the 6tli day of March, 1905, he delivered to one Gertenbach certain goods and chattels, consisting of meat and fish market fixtures and tools, without parting with the title thereto, and that subsequently Gertenbach delivered them to the defendants, who, on demand, refused to surrender them to plaintiff. The answer admits the delivery to Gertenbach and.the transfer by him to defendants, and the demand and refusal to deliver to plaintiff. There is no dispute that if plaintiff is entitled to…

2Cases cited4 opinions

  1. McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
  2. Tobey v. BarberNew York Supreme Court · 1809
  3. Noel v. . MurrayNew York Court of Appeals · 1855
  4. Battle v. . CoitNew York Court of Appeals · 1863

3Cited by5 opinions

  1. Rukeyser v. Fountain & Choate, Inc.Appellate Division of the Supreme Court of the State of New York · 1918
  2. Employers' Liability Assur. Corp. v. EckertCourt of Appeals of Texas · 1932
  3. Mingus v. Employers' Liability Assur. Co.Texas Commission of Appeals · 1933
  4. Newman v. SleeNew York Supreme Court · 1931
  5. Rosenbaum v. PaletzAppellate Terms of the Supreme Court of New York · 1909

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