Hier v. Wightman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edgar M. Wightman and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Oswego on the 14th day of October, 1920, upon the verdict of a jury, and also from an order entered in said clerk’s office, on the 7th day of October, 1920, denying defendants’ motion, for a new trial made upon the minutes,
1Opinion of the Court
Kruse, P. J.:
The controversy is over the ownership of a Ford touring automobile. The action is in replevin. The plaintiffs had the verdict and the defendants appeal. The plaintiff Scully was the manager and in charge of the lumbering operations of the Constantia Lumber Corporation at Constantia, near Syracuse. The lumber company furnished him a Ford runabout plainly marked with the name of the company.
Without the consent or knowledge of the lumber company he traded it in for the Ford touring car in question. The trade was made with the Wightman-Penoyer Company,' a corporation dealing in Ford…
2Cases cited2 opinions
- Barnard v. . CampbellNew York Court of Appeals · 1874
- Ferry v. South Shore Growers & Shippers Ass'nAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by2 opinions
- Millick v. StevensIdaho Supreme Court · 1927
- Klimes v. JonesCourt of Appeals of Tennessee · 1928