Esmay v. Fanning
New York Supreme Court
This was an action of trover for a carriage. The pleadings were drawn up under the code of 1848. The complaint stated that the plaintiff, in June, 1846, being possessed of a carriage of the value of .$250, at the request of the defendant? loaned and delivered the same to the defendant, to be by him safely kept for the plaintiff, and to be by the defendant re-delivered to the plaintiff on request; that the defendant did not safely keep the said carriage for the plaintiff, but…
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This was an action of trover for a carriage. The pleadings were drawn up under the code of 1848. The complaint stated that the plaintiff, in June, 1846, being possessed of a carriage of the value of .$250, at the request of the defendant? loaned and delivered the same to the defendant, to be by him safely kept for the plaintiff, and to be by the defendant re-delivered to the plaintiff on request; that the defendant did not safely keep the said carriage for the plaintiff, but converted the same to his the defendant’s own use. That the defendant, although often requested so to do, has not…
1Opinion of the Court
By the Court, Willard, J.
The gist of this action is the conversion and deprivation of the plaintiff’s property, and not the acquisition of property by the defendant. (3 Barn, Aid. 685.) The general requisites to maintain the action are, property in the plaintiff; actual possession or a right to the immediate possession thereof; and a wrongful conversion by the defendant. (4 Barb. S. C. R. 565.) The plaintiff’s title was not disputed in this case. The issue is on the conversion: or, in other words, it is whether the defendant re-delivered the carriage to the plaintiff or his agent, before the…
2Cases cited2 opinions
- Bates v. ConklíngNew York Supreme Court · 1833
- Packard v. GetmanNew York Supreme Court · 1830
3Cited by14 opinions
- Pease v. . SmithNew York Court of Appeals · 1875
- Potomac Ins. Co. v. NicksonUtah Supreme Court · 1924
- Lehman, Durr & Co. v. MarshallSupreme Court of Alabama · 1872
- Smith v. SmalleyAppellate Division of the Supreme Court of the State of New York · 1897
- Briggs v. JonesNew York Court of Common Pleas · 1894
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