Reynolds v. Shuler
New York Supreme Court
Trover, for certain copper stills, or kettles, steam tubs, coolers, and a worm, tried at the Montgomery circuit, July 23d, 1823, before Walworth, C. Judge. On the trial, these facts were proved: One Gilman, a distiller, had mortgaged the articles in question to the plaintiff to secure a sum of money; and default having been made in the payment, the plaintiff caused them to be removed into his possession.
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Trover, for certain copper stills, or kettles, steam tubs, coolers, and a worm, tried at the Montgomery circuit, July 23d, 1823, before Walworth, C. Judge. On the trial, these facts were proved: One Gilman, a distiller, had mortgaged the articles in question to the plaintiff to secure a sum of money; and default having been made in the payment, the plaintiff caused them to be removed into his possession. The articles were placed by Gilman and Taylor, in a stone distillery, which they held under a lease for years, and then in possession of Gilman, for the purpose of carring on the distilling…
1Opinion of the Court
Curia, per Sutherland, J.
The first question which arises, is, whether there was sufficient evidence of a conversion of the goods in question, by the defendant.
It is not necessary to a conversion, that there should be a manual taking of the thing in question by the defendant. It is not necessary to show that he has applied it to his own use. If he undertakes to exercise a dominion over it, in exclusion or in defiance of the plaintiff’s right, that is, in law, a conversion, whether it be for his own or another person’s use. Hence, a re-delivery of the thing will not protect him from the action.…
2Cases cited4 opinions
- Bristol v. BurtNew York Supreme Court · 1810
- Cresson v. StoutNew York Supreme Court · 1819
- Heermance v. VernoyNew York Supreme Court · 1810
- Barrow v. PaxtonNew York Supreme Court · 1810
3Cited by28 opinions
- Gillet v. . RobertsNew York Court of Appeals · 1874
- McCormick v. . Pennsylvania Central R.R. Co.New York Court of Appeals · 1872
- Loughran v. . RossNew York Court of Appeals · 1871
- Merritt & Bourne v. Judd & ByrneCalifornia Supreme Court · 1859
- Daggett v. DavisMichigan Supreme Court · 1884
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