Jonasson v. Eames
New York Supreme Court
Appeal from circuit court, New York county. Action by Meyer Jonasson against Edward E. Eames and others, ■composing the firm of H. B. Claflin & Co., Albert Blumenthal and others, composing the firm of Blumenthal Bros. & Co., and Nora Boynton. From a judgment dismissing the complaint, plaintiff appeals. Affirmed.
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Appeal from circuit court, New York county. Action by Meyer Jonasson against Edward E. Eames and others, ■composing the firm of H. B. Claflin & Co., Albert Blumenthal and others, composing the firm of Blumenthal Bros. & Co., and Nora Boynton. From a judgment dismissing the complaint, plaintiff appeals. Affirmed. The action is in replevin, brought by the plaintiff to recover cloaks alleged in the complaint to be of the value of $4,700. The complaint sets forth that the plaintiff is the owner and entitled to the immediate possession of certain prop•erty described in a schedule annexed thereto,…
1Opinion of the CourtLawrence, J.
I am in favor of affirming the judgment dismissing the complaint. Even if it be conceded, as is'contended for by the appellant’s counsel, that the defendants' were estopped from alleging that the chattels referred to in the complaint were not in their possession, and that they were not sufficiently identified upon the trial, for the reason that they had given an undertaking under the provisions of the Code to rebond the property, (Martin v. Gilbert, 119 N. Y. 298, 23 N. E. Rep. 813, and 24 N. E. Rep. 460,) it seems to me that the bona tides *716of the mortgages executed by Boynton to Claflin &…
2Cases cited19 opinions
- Improvement Company v. MunsonSupreme Court of the United States · 1872
- Pleasants v. FantSupreme Court of the United States · 1875
- Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Baulec v. . New York Harlem R.R. Co.New York Court of Appeals · 1874
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3Cited by1 opinion
- Gray v. Richmond Bicycle Co.New York Supreme Court · 1899