Dentists' Supply Co. v. Cornelius
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtVan Voorhis, J.
This appeal involves the applicability of the three- or six-year Statute of Limitations. In our view, the six-year statute applies.
The complaint indicates that plaintiff is suing to recover the value of goods obtained by defendant from an employee of plaintiff, who is alleged to have transferred them without authority. Plantiff, therefore, apparently has waived the tort of conversion and is suing in quasi contract on the theory that he has ratified the transfer as if it were a sale. The right of an owner of goods so to elect is well recognized in the law. Terry v. Munger (121 N. Y. 161,165)…
2Cases cited7 opinions
- Miller v. . SchlossNew York Court of Appeals · 1916
- Terry v. . MungerNew York Court of Appeals · 1890
- Ganley v. . Troy City National BankNew York Court of Appeals · 1885
- Henderson v. Lincoln Rochester Trust Co.New York Court of Appeals · 1951
- Gottfried v. GottfriedAppellate Division of the Supreme Court of the State of New York · 1945
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3Cited by16 opinions
- Bradkin v. LevertonNew York Court of Appeals · 1970
- In re the Arbitration between Paver & Wildfoerster & Catholic High School Ass'nNew York Court of Appeals · 1976
- Baratta v. KozlowskiAppellate Division of the Supreme Court of the State of New York · 1983
- Hechter v. New York Life InsuranceNew York Court of Appeals · 1978
- Jordan Keys & Jessamy, LLP v. St. Paul Fire & Marine InsuranceDistrict of Columbia Court of Appeals · 2005
11 more not listed; retrieve them via the Exa API.