Anker v. Smith
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by William Anker against Hyman Smith. From a judgment of the Municipal Court of the city of New York in favor of plaintiff, defendant appeals. Affirmed.
1Opinion of the CourtScott, J.
The defendant does not appeal' from the order denying his motion to vacate the order of arrest, and it is therefore unnecessary to consider whether the affidavit upon which the order was founded was sufficient. The plaintiff delivered his goods to defendant for sale. The title did not pass, and the plaintiff had a right to retake possession of the goods whenever he saw fit. Of course, as to any goods which the defendant actually sold, the plaintiff could not sue as for a conversion, and it would have been a complete answer to this action if the defendant had shown that he had sold them. This…
2Cited by1 opinion
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