Iden v. Sommers
The Superior Court of the City of New York and Buffalo
Action by Henry Iden against Isaac Sommers to recover for the conversion of certain gas fixtures which had been sold by plaintiff to one Wolff on the installment plan, title being reserved to plaintiff until payment of the price should be made. Wolff, without paying the price, mortgaged the property to-defendant, who sold it under foreclosure, which was the conversion alleged. A-verdict was directed for plaintiff, and defendant moves for a new trial on the judge’s minutes.
1Opinion of the CourtMo Ad am, J.
The property, consisting of “gas fixtures, ” was leased by-the plaintiff to Wolff on the conditional sale and installment plan, title to remain in plaintiff until the fixtures were paid for. While the property was in the possession of Wolff he mortgaged the property to the defendant, who subsequently foreclosed his mortgage and disposed of the fixtures, thereby making himself liable to the plaintiff in trover as for conversion. Lempke v. Peterson, 1 City Ct. R. 15. The defense is that the defendant had no knowledge of the conditional agreement under which Wolff held the property, and that the…
2Cases cited7 opinions
- In Re the Final Accounting of FrazerNew York Court of Appeals · 1883
- McKeage v. . Hanover Fire Insurance Co.New York Court of Appeals · 1880
- Bell's Administratrix v. GoldingIndiana Supreme Court · 1866
- Shaw v. LenkeNew York Court of Common Pleas · 1865
- Lawrence v. KempThe Superior Court of New York City · 1852
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3Cited by2 opinions
- Baldinger v. LevineAppellate Division of the Supreme Court of the State of New York · 1903
- Iden v. SommersThe Superior Court of the City of New York and Buffalo · 1892