Gleason v. Bush
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Seth J. T. Bush, as trustee, etc., from a judgment, as resettled, of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 12th day of June, 1914, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 13th day of June, 1914, denying defendant’s motion for a new trial made upon the minutes.
Read the full summary
Appeal by the defendant, Seth J. T. Bush, as trustee, etc., from a judgment, as resettled, of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 12th day of June, 1914, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 13th day of June, 1914, denying defendant’s motion for a new trial made upon the minutes. The action was in replevin, brought by plaintiff Gleason against a bailee of certain apples to recover possession thereof. Thereafter, by an order of the court, the original bailor of the…
1Opinion of the Court
Per Curlam:
When the order was made substituting the bailor of the apples in controversy for the bailee thereof as the defendant in the action, the action thereupon became an equitable one triable by the court and neither party had the right to a trial by jury. (Clark v. Mosher, 107 N. Y. 118.) Had the action been tried as one in equity there could be little doubt that defendant should have been permitted to prove his alleged counterclaim that the transfer to plaintiff of the apples in question constituted a preferential transfer of the property of the bankrupt voidable at his election. “When…
2Cases cited8 opinions
- Clark v. . MosherNew York Court of Appeals · 1887
- Dammert v. . OsbornNew York Court of Appeals · 1893
- Sherman v. . FosterNew York Court of Appeals · 1899
- Cohen v. SmallAppellate Division of the Supreme Court of the State of New York · 1907
- Caspary v. HatchAppellate Division of the Supreme Court of the State of New York · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Coppola v. Di BenedettoAppellate Terms of the Supreme Court of New York · 1926