Chambers v. . Lewis
New York Court of Appeals
Appeal from a judgment of the Hew York Common Pleas. The action was brought against George Lewis, since deceased, to recover the value of certain barrels of soapstone and redstone, and a quantity of vulcanized gutta percha, alleged to have been the property of the plaintiff, and to have been converted by the defendant. Lewis, the- defend^ ant, having died, the action was continued against George Lewis, jun. and Augustus Cleveland, his executors.
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Appeal from a judgment of the Hew York Common Pleas. The action was brought against George Lewis, since deceased, to recover the value of certain barrels of soapstone and redstone, and a quantity of vulcanized gutta percha, alleged to have been the property of the plaintiff, and to have been converted by the defendant. Lewis, the- defend^ ant, having died, the action was continued against George Lewis, jun. and Augustus Cleveland, his executors. The answer denied that the plaintiff owned the articles in question, or that the then defendant had converted them ; and averred that certain…
1Opinion of the CourtDavies, J.
It will he most convenient first to examine the correctness of the judgment sustaining the demurrer to the defendant’s counter-claim. 'Assuming that the testator of the defendants was the owner of the judgment, under such cirqumstances that, if the plaintiff was liable to pay it, it was a legitimate counter-claim upon the facts spt forth, it will be necessary to inquire whether the matters so stated in fact show any liability on the part of the plaintiff to pay that judgment. In my opinion, they clearly do not. •
By the 32d section of the general manufacturing act, (a) it is provided that all…
2Cases cited1 opinion
- Cobb v. . DowsNew York Court of Appeals · 1852
3Cited by13 opinions
- Duckworth v. RoachNew York Court of Common Pleas · 1878
- Hamilton v. . BentonSupreme Court of North Carolina · 1920
- Richards v. BriceNew York Court of Common Pleas · 1889
- Halsey v. McLeanMassachusetts Supreme Judicial Court · 1866
- Huguenot National Bank v. StudwellNew York Court of Common Pleas · 1875
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