Heroy v. Kerr
The Superior Court of New York City
Appeal by the defendant, John Kerr, from a judgment in favor of James H. Heroy, Joseph Struthers and David J. Marriner, the plaintiffs, composing the firm of Heroy, Struthers & Co. This an action for damages for the unlawful conversion, by the defendant, of certain personal property claimed by the plaintiffs.
Read the full summary
Appeal by the defendant, John Kerr, from a judgment in favor of James H. Heroy, Joseph Struthers and David J. Marriner, the plaintiffs, composing the firm of Heroy, Struthers & Co. This an action for damages for the unlawful conversion, by the defendant, of certain personal property claimed by the plaintiffs. The complaint alleges that the defendant caused the Sheriff of Kings county to carry away and sell such property while owned and possessed by the plaintiffs, and that the defendant converted it to his own use. The answer puts in issue the ownership and possession, and avers that the…
1Opinion of the CourtRobertson, J.
The admissibility of the question as to the financial condition of the Company, put to its President, as the facts appeared in evidence at the time it was put, requires to be disposed of, before the objections raised to the final decision. At that time, the only sale of which evidence had been given, was one directly from the Company to the plaintiffs for cash, a promissory note and shares of stock, without knowledge on their part of any embarrassments of the Company, except some with which it seemed able to contend and all of which, they were informed, the money they were to furnish could…
2Cases cited3 opinions
- Clements v. BerrySupreme Court of the United States · 1851
- Harris v. ThompsonNew York Supreme Court · 1853
- Griffin v. CranstonThe Superior Court of New York City · 1857
3Cited by4 opinions
- New Britain Nat. Bank v. A. B. Cleveland Co.New York Supreme Court · 1895
- Dainese v. AllenThe Superior Court of New York City · 1873
- Anderson v. WestThe Superior Court of New York City · 1875
- Coates v. DonnellThe Superior Court of New York City · 1881