Schwab Manufacturing Co. v. Aizenman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Schwab Manufacturing Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 6tli day of December, 1904, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 15th day of December, 1904, denying the plaintiff’s motion for a new trial made Upon the minutes.
1Opinion of the Court
Hatch, J.:
The judgment demanded in the complaint was for a return^ off property converted, or, in case possession of the same, could not be given, that a recovery be had in damages for the value. The action is essentially an action for conversion. It appeared that the propr erty converted was a Sanborn embossing press, owned by the firm of Spiegel & Bresant. Upon the 24th day of May, 1901, a chattel mortgage was executed covering the said press by Spiegel & Bresant to the defendant to secure the payment of $100. Said mortgage was *479filed upon the same day in the office of the register of the…
2Cases cited4 opinions
- Stephens v. . PerrineNew York Court of Appeals · 1894
- Meech v. . PatchinNew York Court of Appeals · 1856
- Kitchen v. . LoweryNew York Court of Appeals · 1891
- Beskin v. FeigenspanAppellate Division of the Supreme Court of the State of New York · 1898