Ball v. Liney
New York Supreme Court
THIS is an appeal by the defendant from a judgment rendered in this cause in favor of the plaintiff for $4840.83, damages and costs.
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THIS is an appeal by the defendant from a judgment rendered in this cause in favor of the plaintiff for $4840.83, damages and costs. The action Avas commenced by the service of a summons on the 14th of August, 1862. The complaint Avas served October 18, 1862, and the ansAver December 13, 1862. The complaint, averred, in substance, that about April 1, 1862, the defendant received in store the plaintiff's goods, Avorth about $2500, to keep until demanded; that the defendant collusively permitted third parties to take away some portion thereof; that the plaintiff demanded the goods, about August…
1Opinion of the CourtHogeboom, J.
Notwithstanding the terms of the bailment, and independent of the questions arising under the executions and levies, I think the defendant was bound to surrender the property to the 'plaintiff upon his demand. It was the plaintiff’s property and not Gregory’s. That is un*511disputed, upon the evidence in the case. The latter seems not to have had any lien or claim on it—or to have asserted title to' it in any way whatever. He was confessedly the agent of the plaintiff, and when he originally deposited the property with the defendant, seems to have done so without any limitation or qualification…
2Cases cited5 opinions
- Hanmer v. WilseyNew York Supreme Court · 1837
- Higgins v. WhitneyNew York Supreme Court · 1840
- Otis v. JonesNew York Supreme Court · 1839
- Simon Gratz's Executors v. CohenSupreme Court of the United States · 1851
- Bliven v. Hudson River Rail RoadNew York Supreme Court · 1861
3Cited by5 opinions
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- Robinson v. Memphis & C. R.United States Circuit Court · 1883
- Parker v. ConnerThe Superior Court of New York City · 1879
- Wehle v. ButlerThe Superior Court of New York City · 1872
- Wehle v. ButlerThe Superior Court of New York City · 1871