Hall v. . Robinson
New York Court of Appeals
Error from" the New-York common pleas, where Robinson sued Hall in trover for the conversion of a gold watch and chain worth $ 120. On the trial the plaintiff called as a witness one Arnold, who testified that in May, 1847, he occupied an office in the same building with the defendant; that he asked the defendant for a loan of $>50, and consented to leave his watch and chain as security; that the defendant took the watch, went out, and was gone about twenty minutes, when he…
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Error from" the New-York common pleas, where Robinson sued Hall in trover for the conversion of a gold watch and chain worth $ 120. On the trial the plaintiff called as a witness one Arnold, who testified that in May, 1847, he occupied an office in the same building with the defendant; that he asked the defendant for a loan of $>50, and consented to leave his watch and chain as security; that the defendant took the watch, went out, and was gone about twenty minutes, when he returned, and remarked that he could not let the witness have any money, and that he had not got the watch; that he, the…
1Opinion of the Court
Hall acquired actual possession of the property in question by delivery from Arnold, the owner, under an implied undertaking to advance by way of loan to Arnold the sum of $50. His original possession, therefore, was lawful. Hall failed to make the loan; upon this, Arnold was entitled to be restored to the possession of his property; but until Hall was guilty of some tortious act, in reference to the property, there was no conversion. The evidence showed that Hall failed to make the loan and did not restore the property to Arnold — and remarked that he had notgot it. Whether he had disposed…
2Cited by14 opinions
- Stewart v. BalderstonSupreme Court of Kansas · 1872
- United States v. FergusonCourt of Appeals for the Second Circuit · 1897
- Jones v. SeamanAppellate Division of the Supreme Court of the State of New York · 1909
- Roach v. TurkTennessee Supreme Court · 1872
- Wilkins v. ReddingNebraska Supreme Court · 1903
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