Schanz v. Martin
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, rendered in favor of the plaintiffs, upon a trial had before the court, without a jury. The opinion states the nature of the action and the material facts.
1Opinion of the CourtGiegeeich, J.
The defendant was a salesman of the plaintiffs, and, without authority, collected from one of their customers the price of two suits of clothes. They brought an action against the customer, but, upon discovering that the defendant had collected for the suits, discontinued that action and began this one against the defendant for conversion and obtained judgment.
The appellant challenges the judgment on the ground that the plaintiffs failed to show (as is requisite to the maintenance of an action for conversion) either ownership of the money, or an immediate right to its possession. The…
2Cases cited6 opinions
- Walter v. . BennettNew York Court of Appeals · 1857
- Hamlin v. . SearsNew York Court of Appeals · 1880
- Carver v. . CrequeNew York Court of Appeals · 1872
- Farrelly v. . HubbardNew York Court of Appeals · 1896
- Vandelle v. RohanNew York Supreme Court · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Goldstein v. TankNew York County Court, Onondaga County · 1911
- Holland Coffee Co. v. JohnsonNew York Supreme Court · 1902
- St. Paul Hotel Co. v. SegraveAppellate Terms of the Supreme Court of New York · 1905