Ball v. . Liney
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial district, reversing judgment in favor of plaintiff, entered, upon report of a referee and granting a new trial.
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Appeal from order of the General Term of the Supreme Court, in the third judicial district, reversing judgment in favor of plaintiff, entered, upon report of a referee and granting a new trial. (Reported below, 44 Barb., 505.) This action was brought ■ against the defendant, a warehouseman, to recover the value of certain goods stored with him by the plaintiff, and was commenced by the service of summons August 14, 1862. The complaint was served on the 18th day of October, thereafter, and alleged, in substance, that, about April 1, 1862, the defendant received in store the plaintiff’s goods,…
1Opinion of the Court
Earl, C.
It is undisputed that the plaintiff owned the
goods which were stored with defendant. Indeed, no effort was made upon the trial to impeach his title. The defendant was, therefore, bound, upon demand, to deliver the property to the plaintiff; and an unqualified refusal to do so would, in law, amount to a conversion. (Rogers v. Weir, 34 N. Y., 463; Holbrook v. Wright, 24 Wend., 169; Wilson v. Anderton, 1 Barn. & Ad., 456.) But the defendant insists, that he was so embarrassed by the conflicting claims to the property by the plaintiff and Gregory, that he was justified in not complying…
2Cases cited5 opinions
- Hanmer v. WilseyNew York Supreme Court · 1837
- Curtis v. WardSupreme Court of Connecticut · 1850
- Higgins v. WhitneyNew York Supreme Court · 1840
- Rogers v. . WeirNew York Court of Appeals · 1866
- Osterhout v. RobertsCourt for the Trial of Impeachments and Correction of Errors · 1827
3Cited by28 opinions
- Pierpoint v. HoytNew York Court of Appeals · 1932
- Roberts v. Stuyvesant Safe Deposit Co.New York Court of Appeals · 1890
- Cushing v. Seymour, Sabin & Co.Supreme Court of Minnesota · 1883
- Wehle v. . ButlerNew York Court of Appeals · 1874
- Jellett v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
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