Caldwell v. Bartlett
The Superior Court of New York City
This action came before the court, upon an appeal from a judgment entered on the report of a referee. The action was brought to recover of the defendant, who was master of the ship Alert, $265.89, the value of goods alleged to belong to the plaintiffs, and to have been converted by the defendant to his own use.
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This action came before the court, upon an appeal from a judgment entered on the report of a referee. The action was brought to recover of the defendant, who was master of the ship Alert, $265.89, the value of goods alleged to belong to the plaintiffs, and to have been converted by the defendant to his own use. The referee, to whom the action was referred, made the following report, viz.:— Having been appointed sole referee in this action, and dh rected to hear and decide the whole issue therein, and having been attended by the counsel of both parties, and having heard their respective proofs…
1Opinion of the CourtBy the Court. Bosworth, J.
If the evidence establishes the fact found by the referee, that Reed took the goods from *352the store of Johnson, in the absence and without the knowledge or consent of the latter, the plaintiffs were entitled tq the goods, on demanding them. If they were so taken, the taking was a naked trespass. One who tortiously possesses himself of another’s goods, without a delivery from, or the consent, express or implied, of, the true owner, can vest no title in even .a bond fide purchaser. (Saltus v. Everett, 20 Wend. 267, 278-9; Hoffman et al. v. Carew, 22 Wend. 285; Angell on Carriers, § 360-369;…
2Cases cited3 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Hoffman v. CarowCourt for the Trial of Impeachments and Correction of Errors · 1839
- Covill v. Hill & SanfordNew York Supreme Court · 1847
3Cited by19 opinions
- Weaver v. . BardenNew York Court of Appeals · 1872
- Barnard v. . CampbellNew York Court of Appeals · 1874
- Wait v. . GreenNew York Court of Appeals · 1867
- Vaughn v. HopsonCourt of Appeals of Kentucky · 1874
- Beavers v. LaneThe Superior Court of New York City · 1856
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