Russell v. St. Mart
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank S. Russell, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Cayuga on the 16th day of September, 1902, upon the report of a referee dismissing the plaintiff’s complaint.
1Opinion of the Court
Williams, J.:
The judgment should be reversed and a new trial granted before another referee, with costs to the appellant to abide event.
The action is for the conversion of personal property. The question in controversy was the right to possession, which both parties claimed. The facts are not in dispute. The questions are as to the law.
December 3, 1900, the plaintiff sold to the firm of Burtch & Burgess the property in question for $600, of which $100 was paid down and a chattel mortgage given for the balance, $500, payable December 3, 1901. Burtch lived at Hancock, Delaware county, and…
2Cases cited5 opinions
- Stewart v. PlattSupreme Court of the United States · 1879
- Thompson v. . Van VechtenNew York Court of Appeals · 1863
- State Trust Co. v. Casino Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Bueb v. GeratyAppellate Terms of the Supreme Court of New York · 1899
- Harder v. PlassNew York Supreme Court · 1890
3Cited by1 opinion
- Leonard v. HarrisAppellate Division of the Supreme Court of the State of New York · 1911