Shipley Construction & Supply Co. v. Mager
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Shipley Construction and Supply Company, from a judgment of the Supreme Court in favor of the' defendants, entered in the office of the clerk of the county of New York on the 22d day of October, 1913, upon the verdict of a jury rendered by direction of the court.
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Appeal by the plaintiff, Shipley Construction and Supply Company, from a judgment of the Supreme Court in favor of the' defendants, entered in the office of the clerk of the county of New York on the 22d day of October, 1913, upon the verdict of a jury rendered by direction of the court. This is an action for the conversion of ice-making machinery forming part of a refrigerating plant sold and installed by plaintiff on the premises of the Seitz Brewing Company in the borough of Brooklyn, New York, between the 15th day of March and the 6th day of July, 1911, under and pursuant to a contract in…
1Opinion of the Court
Laughlin, J.:
A verdict having been directed, the plaintiff on this review is entitled to the most favorable view of the evidence. If the defendants came into possession of the property pursuant to the judgment in the foreclosure action they were rightfully in possession, and a demand was essential to make their detention wrongful and authorize an action for conversion. It is manifest that there could be no lawful demand until the defendants came into possession of the property. Having no title, or possession, or right to possession until payment of the purchase price and the receipt of the…
2Cases cited3 opinions
- Terry v. . MungerNew York Court of Appeals · 1890
- Kirk v. CrystalAppellate Division of the Supreme Court of the State of New York · 1907
- Ratchford v. Cayuga County Cold Storage & Warehouse Co.Appellate Division of the Supreme Court of the State of New York · 1913
3Cited by5 opinions
- Ratchford v. Cayuga County Cold Storage & Warehouse Co.New York Court of Appeals · 1916
- Heating & Plumbing Finance Corp. v. FriedmanNew York Court of Appeals · 1934
- American Soda Fountain Co. v. NajarianNew York Supreme Court · 1922
- York Manufacturing Co. v. MagerAppellate Division of the Supreme Court of the State of New York · 1914
- York Manufacturing Co. v. MagerAppellate Division of the Supreme Court of the State of New York · 1914