Clements v. . Yturria
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendant entered upon an order dismissing plaintiff’s complaint on trial. (Reported below, 14 Hun, 151.) This action was brought to recover damages for the alleged conversion of 270 bales of cotton.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendant entered upon an order dismissing plaintiff’s complaint on trial. (Reported below, 14 Hun, 151.) This action was brought to recover damages for the alleged conversion of 270 bales of cotton. In 1862, plaintiff, then a citizen and resident of this State, ■ entered into a contract with the government of the so-called Confederate States of America, to supply them with army stores in consideration of being paid for the same in cotton, to be delivered by that…
1Opinion of the Court
Folger, Ch. J.
This is an action in trover, for the conversion by the defendant, of certain cotton of the plaintiff. To recover in trover, there must have been possession of the property by the plaintiff, or there must be an existing right to take immediate actual possession of it. It is clear that if the plaintiff never has had possession of the property, he has no right to have or demand possession. The right asserted, in one view of it, rests upon a contract made by him with the Confederate power; while that power was belligerent with the United States; while the plaintiff was a citizen of…
2Cases cited5 opinions
- Woodworth v. . BennettNew York Court of Appeals · 1871
- Sprott v. United StatesSupreme Court of the United States · 1874
- Merritt v. MillardNew York Court of Appeals · 1868
- Robinson v. International Life Assurance Society of LondonNew York Court of Appeals · 1870
- Montgomery v. United StatesSupreme Court of the United States · 1873
3Cited by10 opinions
- Wm. H. Wise & Co. v. Rand McNally & CompanyDistrict Court, S.D. New York · 1961
- McCoy v. American Express Co.New York Court of Appeals · 1930
- Railway Co. v. Fire Ass'nSupreme Court of Arkansas · 1895
- Smith v. SmalleyAppellate Division of the Supreme Court of the State of New York · 1897
- Petrie v. StarkNew York Supreme Court · 1894
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