Abramson v. Brimberg
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Moses Abramson against Simon Brimberg and another. From the judgment for plaintiff, he- appeals, because of its failure to provide that defendants are liable to arrest and imprisonment on execution under the judgment.
1Opinion of the CourtLehman, J.
The plaintiff alleged and proved a cause of action for the conversion of goods. Although the original possession of the defendants was lawful, yet with notice of the rights of the true owner, and regardless thereof, they asserted hostile dominion and a claim of ownership, by sale to other parties. No demand was therefore necessary. Bahr v. Boley, 50 App. Div. 577, 64 N. Y. Supp. 200. “It has been repeatedly held that where it appears that the defendant has put himself in a position so that he is unable to comply with a demand, by a sale of the property, no demand is essential.” Torres v.…
2Cases cited4 opinions
- Kavanaugh v. McIntyreAppellate Division of the Supreme Court of the State of New York · 1908
- Ostrom v. SapolskyAppellate Terms of the Supreme Court of New York · 1905
- Bahr v. BoleyAppellate Division of the Supreme Court of the State of New York · 1900
- Torres v. RogersAppellate Terms of the Supreme Court of New York · 1899