Donovan v. Cornell
New York Court of Common Pleas
The action was brought against the defendant as commission merchant, to recover the proceeds of sales of sheep and lambs consigned to the defendant by the plaintiff. The case, upon a former appeal, is fully reported in 8 Civ. Pro. Rej?., 284.
1Opinion of the Court
.Larremore, C. J.
When this case was before the general *526term of this court before, it was held that the papers used on the application for the order of arrest did not disclose a cause-of action for conversion It was also held that the city court, at special and general term, erred in deciding to allow a jury to pass upon the question whether a fiduciary relation or one of mere debtor and creditor existed between the parties, and such question was remitted to the city court, to be decided by a judge thereof at special term (Daily Reg., Dec. 22, 1885). The special term of the city court, after…
2Cases cited4 opinions
- Morris v. . TalcottNew York Court of Appeals · 1884
- Duguid v. EdwardsNew York Supreme Court · 1867
- Alliance Insurance v. ClevelandNew York Supreme Court · 1856
- Grover & Baker Sewing Mach. Co. v. ClintonU.S. Circuit Court for the District of Western Wisconsin · 1873