Gleason v. Morrison
City of New York Municipal Court
' Appeal from a judgment entered on a verdict in favor of the plaintiff and from an order denying a motion for a new trial.
1Opinion of the CourtO’Dwyer, J.
This being an action for a conversion of personal property, section 1721 of the Code of Civil Procedure does not apply. Barry v. Calder, 48 Hun 449.
*5The allegation that “ plaintiff was entitled to the immediate possession of a certain steam pump, his property, theretofore by him let for hire to the defendants,” was a sufficient allegation that the term of hiring had ended, and the court properly denied the motion to dismiss the complaint made at the opening of the case.
The judgment-rolls in the Supreme Court actions (Exhibits A and B.) were properly admitted in evidence.
They established the…
2Cases cited2 opinions
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Barry v. CalderNew York Supreme Court · 1888