Hammond v. Sullivan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, James Sullivan and others, from a judgment of the County Court of Montgomery county in favor of the plaintiffs, entered in the office of the clerk of the county of Montgomery on the 24th day of August, 1905, upon the decision of the court. This action was brought by plaintiffs to recover against the defendants for the conversion of certain personal property unlawfully- taken from their possession by defendants.
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Appeal by the defendants, James Sullivan and others, from a judgment of the County Court of Montgomery county in favor of the plaintiffs, entered in the office of the clerk of the county of Montgomery on the 24th day of August, 1905, upon the decision of the court. This action was brought by plaintiffs to recover against the defendants for the conversion of certain personal property unlawfully- taken from their possession by defendants. The plaintiffs on the morning of August 21, 1904, had, with the permission of the owner of the land and of the commissioner of highways, erected a small tent…
1Opinion of the Court
Parker, P. J.:
An examination of the evidence in this case shows beyond controversy that -when the defendants moved the plaintiffs’. goods in' question from the place in the highway opposite the- property of, which they had charge, to another place where they left it, they made no claim of ownership over the property nor , right to take.-, .and use the same. It is apparent that the only right they claimed was the right to prevent the plaintiffs from setting up their tent, in. that particular spot opposite the lands and gateway of the- shrine,, and they claimed the right to remove such property…
2Cases cited2 opinions
- The People v. . Bank of North AmericaNew York Court of Appeals · 1879
- O. J. Gude Co. v. FarleyAppellate Terms of the Supreme Court of New York · 1898
3Cited by1 opinion
- Dow-Arneson Co. v. City of St. PaulSupreme Court of Minnesota · 1934