Merritt v. Peirano
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John B. Peirano, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 16tli day of June, 1894, upon the verdict of a jury rendered after a trial at the Westchester Circuit, and also from an order entered in said clerk’s office on the 18th day of June, 1894, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Cullen, J.:
The plaintiff, with the consent of the defendant, placed a quantity of wood upon the latter’s land. The plaintiff testified that the defendant told him he might do so without charge. Some two months later the plaintiff sought to take the wood, when the defendant presented to him a bill for $240 for storage of the wood, and refused to allow the plaintiff to remove the wood until he paid the amount of this demand. The plaintiff thereupon abandoned the wood to the defendant, and brought this action for its conversion. After the commencement of this action the defendant sued the…
2Cases cited2 opinions
- Collins v. . BennettNew York Court of Appeals · 1871
- Trust v. PirssonNew York Court of Common Pleas · 1857
3Cited by6 opinions
- Grice v. BerknerSupreme Court of Minnesota · 1921
- Clara M. Jones v. Banner Moving & Storage, Inc.New York Supreme Court · 1974
- Alton v. New York Taxicab Co.Appellate Terms of the Supreme Court of New York · 1910
- Robinson v. KaplanAppellate Terms of the Supreme Court of New York · 1897
- Troy Waste Manufacturing Co. v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1913
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