Osborn v. . Schenck
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, made May 6, 1879, reversing a judgment in favor of plaintiff, entered upon a verdict and granting a new trial. (Reported below, 18 Hun, 202.) This action was brought to recover damages for the alleged conversion of a one-half interest in a planing machine. The machine, in question, in October, 1872, was.owned by. plaintiff and.one Platt as tenants in common.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, made May 6, 1879, reversing a judgment in favor of plaintiff, entered upon a verdict and granting a new trial. (Reported below, 18 Hun, 202.) This action was brought to recover damages for the alleged conversion of a one-half interest in a planing machine. The machine, in question, in October, 1872, was.owned by. plaintiff and.one Platt as tenants in common. On the fifteenth of that month they leased the building in which it was and thé machinery therein for a term of five years. On or about that day…
1Opinion of the CourtFinch, J.
When, and for what cause, one of two or more tenants in common of personal property may maintain trover against those retaining its possession is sufficiently clear on principle, but not always of easy application to confused and varying facts. The right of each to the use and possession of the property is precisely the same, and neither can have or exercise a superior authority over the other. It follows necessarily that the mere fact of such possession and use by one, even though it prevents the use and possession of the other can furnish no ground of action, since it is rightful, and rests…
2Cases cited8 opinions
- Gilbert v. DickersonNew York Supreme Court · 1831
- Matteawan Co. v. BentleyNew York Supreme Court · 1852
- Hyde v. StoneNew York Supreme Court · 1828
- Mumford v. McKayNew York Supreme Court · 1832
- Tyler v. TaylorNew York Supreme Court · 1850
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Belanger v. DanaNew York Supreme Court · 1889
- Gates v. . BowersNew York Court of Appeals · 1901
- Moskowitz v. CohenCity of New York Municipal Court · 1936
- Salisbury v. SladeAppellate Division of the Supreme Court of the State of New York · 1897
- Brown v. BurnapAppellate Division of the Supreme Court of the State of New York · 1897
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