Roberts v. Kain
The Superior Court of New York City
Appeal by the defendant from a judgment entered on the . report of a referee. The action was brought to recover the value of certain personal property alleged to have been converted by the defendant. The defendant let to Waugh a building on Greenwich street, in which was a steam engine, boiler, belting and shafting, for- making boxes, bought by Waugh of the former tenants. On the 20th September, 1861, Waugh was dispossessed by summary proceedings for non-payment of rent.
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Appeal by the defendant from a judgment entered on the . report of a referee. The action was brought to recover the value of certain personal property alleged to have been converted by the defendant. The defendant let to Waugh a building on Greenwich street, in which was a steam engine, boiler, belting and shafting, for- making boxes, bought by Waugh of the former tenants. On the 20th September, 1861, Waugh was dispossessed by summary proceedings for non-payment of rent. Hull & Howell then hired the premises, and, on the permission of Waugh or by contract with Waugh, both known to the…
1Opinion of the Court
By the Court, Robertson, Ch. J.
From the evidence before us, and the findings of fact by the referee contained in his report, it appears that whatever right of possession the plaintiff had to the articles in question he derived from three different instruments, two of which only are mentioned in the complaint. The first was, (as appears from both the evidence and report,) an undated bill of sale, executed in February or March, 1861, by Waugh as security to the plaintiff for promissory notes amounting to $1200. The second, (as appears from the evidence alone,) was an assignment executed May 31,…
2Cited by1 opinion
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