Comley v. . Dazian
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made March 1, 1886, which affirmed a judgment in favor of the plaintiffs, entered upon a verdict, and also affirmed an order denying a motion for a new trial. This was an action for conversion.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made March 1, 1886, which affirmed a judgment in favor of the plaintiffs, entered upon a verdict, and also affirmed an order denying a motion for a new trial. This was an action for conversion. On the 16th of March, 1882, the plaintiffs assigned certain costumes and other theatrical property, then owned by them, to one Thomas ¡M¡. Flemming by a bill of sale absolute in form. On the same day said Flemming gave them a receipt, stating that said bill of sale was not an absolute transfer,…
1Opinion of the CourtVann, J.
When Elemming gave a bill of sale to the defendants covering the property in question, he had never been in the possession thereof and he had no title thereto that he could transfer to another. Where one takes title simply to secure himself against loss as surety upon a bond, he has no interest that he can sell until after a breach in the condition of the bond. His title is both-personal and contingent, and by an assignment before the contingency named has happened, he parts with his security without transferring any right to his assignee.
Under the circumstances of this case, Flemming’s…
2Cases cited4 opinions
- Laverty v. . SnethenNew York Court of Appeals · 1877
- Simson v. . BrownNew York Court of Appeals · 1877
- Kelly v. . RobertsNew York Court of Appeals · 1869
- Wheat v. . RiceNew York Court of Appeals · 1884
3Cited by13 opinions
- Refrigeration Discount Corp. v. CatinoMassachusetts Supreme Judicial Court · 1953
- Jefferson v. AschSupreme Court of Minnesota · 1893
- Industrial & General Trust, Ltd. v. TodNew York Court of Appeals · 1902
- Sandmeyer v. Dakota Fire & Marine InsuranceSouth Dakota Supreme Court · 1891
- Petrie v. WilliamsNew York Supreme Court · 1893
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