Wellington v. . Morey
New York Court of Appeals
This was an action for conversion of a steam boiler. Defendants’ counsel moved to dismiss the complaint on the trial, on the ground that the evidence established that defendants sold the boiler with the consent and at the request of the plaintiff. The court denied the motion and submitted' that question to the jury. The counsel on both sides and the court assumed that the action was well brought if the sale was unauthorized.
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This was an action for conversion of a steam boiler. Defendants’ counsel moved to dismiss the complaint on the trial, on the ground that the evidence established that defendants sold the boiler with the consent and at the request of the plaintiff. The court denied the motion and submitted' that question to the jury. The counsel on both sides and the court assumed that the action was well brought if the sale was unauthorized. The point was made here that plaintiff, by demanding the proceeds and suing for a conversion, ratified the sale and defendants stood as mere agent liable to account, but…
1Opinion of the Court
Andrews, Ch. J.,
reads for affirmance.
All concur, except Rapallo, J., absent.
Judgment affirmed.
2Cited by5 opinions
- Tarbell v. . Royal Exchange Shipping Co.New York Court of Appeals · 1888
- Caponigri v. . AltieriNew York Court of Appeals · 1901
- Tyng v. Corporation Trust Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Sterrett v. Third National BankNew York Court of Appeals · 1890
- Wells v. World's Dispensary Medical Ass'nNew York Court of Appeals · 1890