Bohde v. Farley
The Superior Court of New York City
Exceptions ordered to be heard at general term on the dismissal of the complaint at trial term, at the close of the plaintiff’s case.
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Exceptions ordered to be heard at general term on the dismissal of the complaint at trial term, at the close of the plaintiff’s case. The complaint alleged that the plaintiffs were the owners of a quantity of household furniture delivered by them to one Juliet Schoenrock on November 30, 1878, upon an agreement of lease and conditional executory sale, and that on July 12, 1879, the defendant wrongfully took and converted, and unjustly detains the same ; that Mrs. Schoenrock made default in the payment of the rent reserved for the use of the furniture, that the plaintiffs had not agreed to…
1Opinion of the Court
By the Court.—Horace Russell, J.
—[After stating the facts as above.]—The decision below was put entirely upon the technical ground that the plaintiffs were not entitled to the right of possession as between them and Mrs. Schoenrock, and, therefore were. not in position to maintain an action against a wrongdoer for the conversion of property of which they were the general owners.
1 cannot agree to either branch of the proposition.
1. That the plaintiffs were the general owners of the property, there can be no question. The validity of agreements of lease and conditional sale, such as the one…
2Cases cited7 opinions
- Corfield v. CoryellU.S. Circuit Court for the District of Eastern Pennsylvania · 1823
- Underwood v. . Farmers' Joint Stock Ins. Co.New York Court of Appeals · 1874
- Cole v. . MannNew York Court of Appeals · 1875
- Gardner v. . ClarkNew York Court of Appeals · 1860
- Stacy v. . GrahamNew York Court of Appeals · 1856
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