Deeley v. . Dwight
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas for the city and county of Hew York, made March 6, 1890, which set aside a verdict in favor of defendant-directed by the court, and granted a new trial. This action was brought to recover damages for the conversion of certain machinery, to which plaintiff claimed title under a, chattel mortgage executed by Joseph Gandolfo to the-plaintiff Robert Deeley to secure the purchase-price.
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Appeal from order of the General Term of the Court of Common Pleas for the city and county of Hew York, made March 6, 1890, which set aside a verdict in favor of defendant-directed by the court, and granted a new trial. This action was brought to recover damages for the conversion of certain machinery, to which plaintiff claimed title under a, chattel mortgage executed by Joseph Gandolfo to the-plaintiff Robert Deeley to secure the purchase-price. Defendants, who were partners, claimed as purchasers from Gandolfo. for value and in good faith. In the autumn of 1883, Joseph Gandolfo contracted…
1Opinion of the Court
Follett, Ch. J.
An action to recover damages for the ■conversion of chattels is a strictly legal one which cannot be maintained unless the plaintiff is entitled to the immediate p'ossession of the property, if in existence. Except as provided by statute possession by the lienor of chattels on which the lien is claimed is indispensable to support a common-law lien. One having such a lien can maintain trover if the property is wrongfully taken or withheld from his possession, but .such an action will not lie to enforce an equitable lien as •against the owner of the legal title who remains in…
2Cases cited7 opinions
- McCaffrey v. . WoodinNew York Court of Appeals · 1875
- Gardner v. . McEwenNew York Court of Appeals · 1859
- Otis v. SillNew York Supreme Court · 1849
- Andrews v. . DurantNew York Court of Appeals · 1854
- Coats v. . DonnellNew York Court of Appeals · 1883
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3Cited by25 opinions
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- National Bank of Deposit v. . RogersNew York Court of Appeals · 1901
- Shipley v. Meadowbrook Club, Inc.Court of Appeals of Maryland · 2001
- Niagara Venture v. Sicoli & Massaro, Inc.New York Court of Appeals · 1990
- Mathews v. HardtAppellate Division of the Supreme Court of the State of New York · 1903
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