Covell v. . Hill
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the sixth district, where a judgment entered upon a verdict in favor of the plaintiff had been affirmed. (Reported below, on a former trial, 4 Den. 323; which, however, was reversed for an informality in the special verdict, 1 N. Y. 522.) This was an action of trover for a quantity of white pine lumber, the property of the plaintiff, which, it was alleged, the defendant had converted to his own use.
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Appeal from the general term of the Supreme Court, in the sixth district, where a judgment entered upon a verdict in favor of the plaintiff had been affirmed. (Reported below, on a former trial, 4 Den. 323; which, however, was reversed for an informality in the special verdict, 1 N. Y. 522.) This was an action of trover for a quantity of white pine lumber, the property of the plaintiff, which, it was alleged, the defendant had converted to his own use. On the 6th December 1841, the plaintiff and Bradford A. Potter entered into a written contract, whereby the latter purchased of the plaintiff…
1Opinion of the CourtGridley, J.
— The questions involved in the decision of this cause are: 1. Whether the plaintiff was the owner of the lumber delivered to the defendants on the 16th of July 1842. 2. Whether the defendants were guilty of a conversion of it; so as to authorize an action of trover against them. 3. Whether there was any error in the charge, as to the amount of damages, or otherwise.
I. There is nothing developed by the evidence on this trial, of the relations between the plaintiff and Potter, nor of the dealings between Potter and the defendants, that in the slightest degree *affects the title of the „ t…
2Cases cited8 opinions
- Everett v. SaltusNew York Supreme Court · 1836
- Covill v. Hill & SanfordNew York Supreme Court · 1847
- Connah v. HaleNew York Supreme Court · 1840
- Schroeppel v. CorningNew York Supreme Court · 1848
- First National Bank of Toledo v. ShawNew York Court of Appeals · 1874
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- Commercial Bank v. LeeSupreme Court of Alabama · 1892
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