Bowman v. Eaton
New York Supreme Court
APPEAL from a judgment of the county court of Monroe county. The action was originally commenced before a justice of the peace. The plaintiff complained against the defendant, for the trover and conversion of a trunk or valise and its contents, consisting of a quantity of gold and silver watches and chains, various kinds of jewelry, clothing and other valuables, of the value of $100, the property of the plaintiff.
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APPEAL from a judgment of the county court of Monroe county. The action was originally commenced before a justice of the peace. The plaintiff complained against the defendant, for the trover and conversion of a trunk or valise and its contents, consisting of a quantity of gold and silver watches and chains, various kinds of jewelry, clothing and other valuables, of the value of $100, the property of the plaintiff. The defendant denied the complaint and each and every allegation therein. On the trial, the following facts appeared. In the month of September, 1855, Elias T. Wakefield, the…
1Opinion of the Court
By the Court, T. R. Strong, J.
The first count in the complaint states that the plaintiff was the owner, and entitled to the possession, of the property in question ; that the property came into the possession of the defendant; and that he wrongfully converted it to his own use, and although often requested to do so, has neglected and refused to deliver the same to the plaintiff.
The second count states that one Wakefield was the owner of the property, and delivered it to the defendant, who received the same to be safely kept and cared for ; that while the property was in the defendant’s…
2Cases cited1 opinion
- Bush v. MillerNew York Supreme Court · 1852
3Cited by3 opinions
- Whitney v. SlausonNew York Supreme Court · 1859
- Hartford Ice Co. v. Greenwoods Co.Supreme Court of Connecticut · 1891
- Barry v. CalderNew York Supreme Court · 1888