Dyckman v. . Valiente
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the first district, reversing a judgment of the Special Term, which dismissed the complaint, and ordering a new trial.
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Appeal from a judgment of the General Term of the Supreme Court in the first district, reversing a judgment of the Special Term, which dismissed the complaint, and ordering a new trial. The complaint alleged that the defendant, Joaquin Baralt, in behalf of himself and others, who are defendants, in the year 1860, proposed to the plaintiff to organize a steamship company to carry freight and passengers between New York and Cuba; and that for that purpose, it was agreed that the plaintiff should, in his own name, contract with the firm of Boardman, Holbrook & Co., for the building of a…
1Opinion of the CourtFoster, J.
I concur, in the main, in the opinion of Sutherland, J., in the court below, in favor of the new trial. But it was claimed by the counsel for the defendant on the trial, and the court so decided, “ that the plaintiff was, as shown by the proof, a part owner of the ship, and that therefore the sale of it without his assent by the other part owners, under the circumstances proved, was not a conversion of it, it not being destroyed; or at all events not such a disposition of it as entitled him to equitable relief.” I think upon authority it is well settled, that the disposition of the ship made…
2Cases cited4 opinions
- Gilbert v. DickersonNew York Supreme Court · 1831
- White v. OsbornNew York Supreme Court · 1839
- Farr v. SmithNew York Supreme Court · 1832
- Mumford v. McKayNew York Supreme Court · 1832
3Cited by20 opinions
- Rodermund v. . ClarkNew York Court of Appeals · 1871
- Nirdlinger v. . BernheimerNew York Court of Appeals · 1892
- Hifler v. Calmac Oil & Gas Corp.Appellate Division of the Supreme Court of the State of New York · 1939
- Grigsby v. DaySouth Dakota Supreme Court · 1897
- Hooley v. GieveNew York Court of Common Pleas · 1878
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