Kelsey v. Griswold
New York Supreme Court
Motion to set aside report of referee. This was an action of trover. The declaration stated that on the first day of December, 1844, the plaintiff was possessed of. three certain promissory notes, one of which was made by Donner & Co., dated 15th April, 1837, for $375,82 payable fifteen months after date, to the order of B. F. Lee & Co., another of which said notes was made by Donner & Co., dated 15th April, 1837, for $375,82, payable twenty-one months after date, to the…
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Motion to set aside report of referee. This was an action of trover. The declaration stated that on the first day of December, 1844, the plaintiff was possessed of. three certain promissory notes, one of which was made by Donner & Co., dated 15th April, 1837, for $375,82 payable fifteen months after date, to the order of B. F. Lee & Co., another of which said notes was made by Donner & Co., dated 15th April, 1837, for $375,82, payable twenty-one months after date, to the order of B. F. Lee & Co., and the other of which said notes was made by William Cronkhite, dated 7th September, 1837, for…
1Opinion of the Court
By the Court, Edmonds, J.
The statute of limitations begins to run from the time the cause of action accrues. (2 R. S. 224, § 18.) In trover the cause of action accrues upon the conversion. The trouver or finding is immaterial. It is the conversion which is the gist of the action. A conversion is the wrongful assumption of property in, or right of disposing of, goods, such as discounting a lost bill after notice; (4 Taunt. 799 ;) or taking the property of another by assignment from one who had no authority to dispose of it; (6 East, 538 ;) or denying goods to him who has a right to demand…
2Cases cited2 opinions
- Bristol v. BurtNew York Supreme Court · 1810
- Read v. MarkleNew York Supreme Court · 1808
3Cited by17 opinions
- Ganley v. . Troy City National BankNew York Court of Appeals · 1885
- Sturges v. KeithIllinois Supreme Court · 1870
- Bruce v. . TilsonNew York Court of Appeals · 1862
- Sheppard v. YocumOregon Supreme Court · 1882
- Steele v. MarsicanoCalifornia Supreme Court · 1894
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