Rogers v. Condé
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Swits Condé and another, from an? interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 26th day of October, 1901, upon the decision of the court, rendered after a trial at the New York Special Term overruling a. demurrer to the complaint.
1Opinion of the Court
Judgment affirmed, with costs, on the opinion of the court below, with leave to the defendant to withdraw demurrer and. answer on payment of costs in this court and in the court below.
The following is the opinion of Scott, J., delivered at Special Term:
Scott, J.:
It is not complained that the defendants wrongfully took the chattels sued for, nor is it alleged that they have converted them. All that is alleged is that they wrongfully detained them. The Code requires that in such a case the complaint must set forth the facts showing that the possession is wrongful, and the defendants insist that…
2Cases cited1 opinion
- Scofield v. . WhiteleggeNew York Court of Appeals · 1872
3Cited by3 opinions
- Peters v. Sotheby's Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Banque De France v. Equitable Trust Co. of New YorkDistrict Court, S.D. New York · 1929
- Wagman v. RaynorAppellate Division of the Supreme Court of the State of New York · 1914