Legal Opinion

Dale v. Brinckerhoff

New York Court of Common Pleas

Decided February 5, 1877PublishedCited by 10 opinions

Appeal by the plaintiff from an order of the general term of the Marine Court of the city of New York, reversing a judgment of that court, in favor of the plaintiff, entered on the verdict of a jury, and directing a new trial. The action was brought by the plaintiff, Dale, to recover damages for the conversion of certain machinery left by him in the gratuitous custody of the defendants, at their store, in New Yoik city, with their permission.

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Appeal by the plaintiff from an order of the general term of the Marine Court of the city of New York, reversing a judgment of that court, in favor of the plaintiff, entered on the verdict of a jury, and directing a new trial. The action was brought by the plaintiff, Dale, to recover damages for the conversion of certain machinery left by him in the gratuitous custody of the defendants, at their store, in New Yoik city, with their permission. Some time after the machinery was placed there, and during the absence of the plaintiff from the city, the defendants, without notice to plaintiff, and…

1Opinion of the Court

Charles P. Daly, Chief Justice.

There was no ground *46for disturbing this judgment. If the defendants, without authority, sold the plaintiff’s machine, it amounted to a conversion. They were gratuitous bailees. It was placed in the defendants’ store in August, 1872, the defendants having told the plaintiff that he might bring the machine there; that they would give it room, and would not charge him any rent for it. If they wished to terminate this bailment, the proper course was to notify him, and if he did not, within a reasonable time take it away, or if he could not, after reasonable inquiry,…

2Cases cited4 opinions

  1. Pease v. . SmithNew York Court of Appeals · 1875
  2. Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845
  3. Rowland v. MilnNew York Court of Common Pleas · 1858
  4. Browning v. Long Island RailroadNew York Court of Common Pleas · 1867

3Cited by10 opinions

  1. Crosby v. 20 Fifth Avenue Hotel Co.City of New York Municipal Court · 1939
  2. Morgan v. MurthaAppellate Terms of the Supreme Court of New York · 1896
  3. Andrews v. KeithMassachusetts Supreme Judicial Court · 1897
  4. De Lemos v. CohenAppellate Terms of the Supreme Court of New York · 1899
  5. Bensler v. LockeThe Superior Court of the City of New York and Buffalo · 1893

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