Mullins v. . Chickering
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of Few York, entered upon an order made at the February Term, 1886, which affirmed a judgment * in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was for the alleged conversion of a piano delivered by plaintiff to defendants for storage in their storage warehouse.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of Few York, entered upon an order made at the February Term, 1886, which affirmed a judgment * in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was for the alleged conversion of a piano delivered by plaintiff to defendants for storage in their storage warehouse. Defendants, by supplemental answer, set up title in the executors of plaintiff’s deceased husband and a delivery to them on demand. The facts, so far as material, are…
1Opinion of the CourtFinch, J.
The defendants were bailees of the plaintiff. She placed the piano in their possession, to keep for her and return upon her demand. They were not at liberty to dispute her title except in one emergency and at one peril. The executors of the husband claimed title to the property as having belonged to the testator, and demanded it of the defendants. They chose to submit to the demand and delivered the piano to the executors. By so doing they made themselves parties to the controversy, and when called on to return the property to the plaintiff their refusal exposed them to an action for…
2Cited by13 opinions
- Lake Shore & Michigan Southern Ry. Co. v. National Live Stock BankIllinois Supreme Court · 1899
- Levy v. . Louvre Realty Co.New York Court of Appeals · 1917
- Brundige v. BradleyNew York Court of Appeals · 1945
- Eytinge & Co. v. Atlantic Transport Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Gratwick v. SmithAppellate Division of the Supreme Court of the State of New York · 1922
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