Malcom v. . O'Reilly
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Yew York, entered upon an order made June 18,1880, which affirmed a judgment in favor of plaintiff, entered upon an order overruling a demurrer to plaintiff’s complaint. (Reported below, 14 J. & S. 222.) This action was for the alleged conversion of a quantity of personal property. The action was originally brought against the sheriff of the county of Yew York.
Read the full summary
Appeal from judgment of the General Term of the Superior Court of the city of Yew York, entered upon an order made June 18,1880, which affirmed a judgment in favor of plaintiff, entered upon an order overruling a demurrer to plaintiff’s complaint. (Reported below, 14 J. & S. 222.) This action was for the alleged conversion of a quantity of personal property. The action was originally brought against the sheriff of the county of Yew York. Before the time to answer expired, the sheriff’s indemnitors were, pursuant to the Code of Civil Procedure (§§ 1421-6 , substituted. The complaint alleged in…
1Opinion of the CourtRapallo, J.
The plaintiff’s mortgage upon the chattels in controversy was payable on demand. The complaint alleges that before the conversion of the chattels by the defendants the plaintiff demanded of the mortgagor payment of the mortgage debt, and thereupon became entitled to the immediate possession of the property, and became the owner thereof and took the same into his possession, and while he was so lawfully in possession thereof, the defendant wrongfully took it and converted it to his own use without regard to a notice given to him that plaintiff was the owner.
These allegations show that the…
2Cited by2 opinions
- Hayes v. DavidsonNew York Supreme Court · 1884
- Reynolds v. MortonWyoming Supreme Court · 1916