Frankinstein v. Thomas
New York Court of Common Pleas
Appeal by defendant from a judgment of the Third District Court, in an action for conversion of personal property. The facts are stated in the opinion.
1Opinion of the Court
By the Court.*—Daly, Ch. J.
—The judgment in this case, upon the points chiefly discussed, was right. Sanders was not, tin the language of the factors’ act, <£ entrusted with the possession ” of the picture ££ for the purpose of sale ” (Laws of 1830, p. 203, ch. 179, § 3). He was simply authorized to take it to the store of Brown, Spaulding & Co., to be left there for exhibition and sale. The evidence was this: Sanders called upon Mr. Spaulding, a part of the business of whose firm it was to sell pictures, and invited him to go and look at pictures in a place to which he directed Spaulding,…
2Cases cited2 opinions
- Campbell v. . WoodworthNew York Court of Appeals · 1859
- Covell v. . HillNew York Court of Appeals · 1852
3Cited by6 opinions
- Barnes v. SeligmanNew York Supreme Court · 1890
- Leoncini v. PostNew York Court of Common Pleas · 1891
- Taft v. Smith, Gray & Co.Appellate Terms of the Supreme Court of New York · 1912
- Waterman v. American Pin Co.Appellate Terms of the Supreme Court of New York · 1897
- Prignitz v. McTiernan, New York County Courts1896
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