Imhorst v. Burke
New York Court of Common Pleas
Appeal by the defendants from a judgment of this court entered upon the report of John P. Crosby, as referee, to-whom it had been referred to hear and determine the issues. The action was brought by the plaintiff Imhorst to recover damages for the conversion of certain furniture. The referee found that the value of the furniture was $1,179 77, and that the plaintiff should recover that sum.
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Appeal by the defendants from a judgment of this court entered upon the report of John P. Crosby, as referee, to-whom it had been referred to hear and determine the issues. The action was brought by the plaintiff Imhorst to recover damages for the conversion of certain furniture. The referee found that the value of the furniture was $1,179 77, and that the plaintiff should recover that sum. The defendants excepted to the finding of the referee of that sum as the value of the furniture. The only evidence given before the referee of value of the articles converted was the testimony of the…
1Opinion of the Court
Per Curiam.*
We are of opinion that the evidence of value of the goods withheld from the plaintiff is too vague,, general and uncertain to sustain the finding of the referee on that question. The goods consisted of office furniture,, desks, chairs, carpets, shades and screens, iron railings, stoves, looking-glasses, brushes, blotters, paper baskets and similar articles, all which had been used by Seymour, McCullogh &- Co. for some time before the plaintiff acquired title to them.
*55Without showing the length of time they had been in use; the amount of wear they had been subjected to, the…
2Cited by1 opinion
- Ebenreiter v. DahlmanAppellate Terms of the Supreme Court of New York · 1896