A. C. Nellis Co. v. Nellis
New York Supreme Court
Appeal from circuit court, Montgomery county. Action by the A..G. Nellis Company against Arthur C. Nellis for conversion. The coinplaint was dismissed, and plaintiff appeals.
1DissentMayham, J.
(dissenting.) If this action were prosecuted between individuals competent on both sides to contract, the transactions upon which this action was brought would not amount to a conversion of these funds; •and an action for conversion of the same would not be sustained, and a complaint sounding in tort would be properly dismissed. Allen v. Allen, (Sup.) 5 N. Y. Supp. 518; same ease affirmed, 26 N. E. Rep. 756. In that case it was held that in a complaint sounding in tort, the tortious act must be proved, to entitle the plaintiff to recover, and that proof of a breach of contract was not…
2Cases cited6 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Brady v. . the Mayor, C., of the City of New YorkNew York Court of Appeals · 1859
- Cobb v. . HatfieldNew York Court of Appeals · 1871
- Thomson v. . SandersNew York Court of Appeals · 1890
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