Fleischman v. Glaser
Appellate Terms of the Supreme Court of New York
Appeal from municipal court, borough of Manhattan, Fourth district. , Action by Joseph Fleischman and others against Max Glaser. From a judgment for plaintiffs, defendant appeals.
1Opinion of the CourtMacLEAN, J.
This was an action brought to recover property wrongfully detained. As the record fails to show wrongful possession by the defendant, demand and refusal were necessary, to constitute wrongful detention. Goodwin v. Wertheimer, 99 N. Y. 149, 1 N. E. 404; Porges v. Cohen, 23 Misc. Rep. 708, 52 N. Y. Supp. 71. The plaintiff testifies that he never demanded the return of the property, and the bookkeeper of plaintiffs’ vendor, testifying to an inquiry, which, if it had been made by or for the plaintiffs, might be called a quasi demand, admits that the plaintiffs never requested him to act either on…
2Cases cited3 opinions
- Goodwin v. . WertheimerNew York Court of Appeals · 1885
- Adams v. AndersonNew York Supreme Court · 1898
- Porges v. CohenAppellate Terms of the Supreme Court of New York · 1898