Fyfe v. Jackson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Bobert Fyfe, from a judgment of the Municipal Court of the city of Hew York, borough of Brooklyn, fourth district, rendered on the 26tli day- of J uly, 1900, upon the decision of the court dismissing the plaintiff’s complaint. The complaint in this action alleged, among other things: “ Second.
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Appeal by the plaintiff, Bobert Fyfe, from a judgment of the Municipal Court of the city of Hew York, borough of Brooklyn, fourth district, rendered on the 26tli day- of J uly, 1900, upon the decision of the court dismissing the plaintiff’s complaint. The complaint in this action alleged, among other things: “ Second. That during the year 1898 the plaintiff consigned, and caused to be consigned and delivered to the defendant certain bicycles for sale on commission at prices not less than a certain sum agreed upon; any excess received by the defendant over and above said amount to be retained…
1Opinion of the Court
Jenks, J.:
The Municipal Court justice gave judgment for the defendant, dismissing the complaint on the ground that a case of conversion had not been made out and that plaintiff should have brought his action on contract. I think that this action is on contract. The plaintiff alleges that he consigned to the defendant certain bicycles for sale, and that the proceeds of the sales, less the commission, were to be *76the property of the consignor. Plaintiff further pleads that the defendant sold said bicycles at prices not less than the prices agreed upon, and collected therefor a sum in excess of…
2Cases cited4 opinions
- Laverty v. . SnethenNew York Court of Appeals · 1877
- Segelken v. . MeyerNew York Court of Appeals · 1884
- Scott v. . RogersNew York Court of Appeals · 1864
- Rosenberg v. . BlockNew York Court of Appeals · 1890
3Cited by1 opinion
- Frick v. FreudenthalAppellate Terms of the Supreme Court of New York · 1904