Rider v. . Union India Rubber Co.
New York Court of Appeals
This action was brought in the New York Superior Court on the 10th day of October, 1856, by the plaintiffs as assignees of Goodyear & Ely. Two claims or causes of action were stated in the complaint.
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This action was brought in the New York Superior Court on the 10th day of October, 1856, by the plaintiffs as assignees of Goodyear & Ely. Two claims or causes of action were stated in the complaint. The first was for $1000, the alleged value of the use of one steam heater or curer, twenty-one work tables, one cylinder, stove, one cast iron stove, two hundred and seventy-three pounds stove pipe, two pair shears, one set tin scales and weights, one pair patent shears and fire shovel, three coal scuttles and one pan, oril counter, two willow baskets, one marking pot, one date box and three…
1Opinion of the CourtBalcom, J.
The verdict of the jury settled the question that the defendant did not purchase the property of Eider & Brothers, or obtain or use .the same in a way to estop the plaintiffs from claiming title in themselves as assignees of Goodyear & Ely; also that the plaintiffs were the owners of the property.
The facts in the case are, in substance, as follows: The defendant used the property in its (the company’s) business, under the belief of the managing agent that the company had purchased it; and the plaintiffs left the same in the possession of the company, because it was their intention to sell the…
2Cases cited3 opinions
- Smith v. StewartNew York Supreme Court · 1810
- Davis v. . GortonNew York Court of Appeals · 1857
- Sherwood v. PhillipsNew York Supreme Court · 1835
3Cited by5 opinions
- Estate of HinckleyCalifornia Supreme Court · 1881
- Bedell v. MashburnCalifornia Court of Appeal · 1948
- Keller v. West, Bradley & Cary Manufacturing Co.New York Supreme Court · 1886
- McSorley v. FaulknerNew York Court of Common Pleas · 1892
- Young v. FarwellAppellate Division of the Supreme Court of the State of New York · 1898