Sharp v. Lamy
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff and the defendant from a judgment of the Supreme Court, entered in the office of the clerk of the county of Erie on the 14tli day of March, 1898, upon the report of a referee stating separately the facts found and the conclusions of law.
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Cross-appeals by the plaintiff and the defendant from a judgment of the Supreme Court, entered in the office of the clerk of the county of Erie on the 14tli day of March, 1898, upon the report of a referee stating separately the facts found and the conclusions of law. This action was begun September 30, 1897, to recover damages for the alleged conversion of a stock of drugs and drug store furniture contained in a retail drug store, known as the German-American Pharmacy, at the corner of Oak and Virginia streets, in the city of Buffalo. The .plaintiff asserts that he is the owner of part of…
1Opinion of the Court
Follett, J. :
The defendant appeals from the judgment awarding $450 damages for converting the soda fountain, and urges that the judgment should be reversed because the plaintiff in the action did not specifically point out the fountain and assert his title as purchaser from Blackney, and cites in support of his contention Duke v. Welsh (16 J. & S. 516). In that case it does not appear that the goods taken by the sheriff on the execution were in the possession of the *139plaintiff. Moreover, after the goods had been seized, the defendant, and the plaintiff were both present in the store and the…
2Cases cited2 opinions
- Davis v. StoneMassachusetts Supreme Judicial Court · 1876
- Brush v. . BattenNew York Court of Appeals · 1892
3Cited by1 opinion
- Shidlovsky v. GormanAppellate Division of the Supreme Court of the State of New York · 1900