Barnard v. Kobbe
New York Court of Common Pleas
Appeal by the defendants from a judgment entered on the verdict of a jury at trial term under the direction of the court. The action was for damages for the conversion of the proceeds of certain goods consigned by the plaintiff to the defendants for sale on commission. An answer having been interposed, a motion was made for judgment upon the frivolousness of the answer. The motion was granted, with leave to serve an amended answer.
Read the full summary
Appeal by the defendants from a judgment entered on the verdict of a jury at trial term under the direction of the court. The action was for damages for the conversion of the proceeds of certain goods consigned by the plaintiff to the defendants for sale on commission. An answer having been interposed, a motion was made for judgment upon the frivolousness of the answer. The motion was granted, with leave to serve an amended answer. The order was afterwards affirmed at general term. (.Ba/rnard v. Kobbe, ante, p. 35.) The defendants having served an amended answer, the cause went to trial upon…
1Opinion of the Court
By the Court.*
Loew, J.
The general rule unquestionably is that a bailee or consignee cannot controvert or dispute the title of his bailor or consignor.
But this, like almost every other general rule, has its exceptions, and one of these permits the bailee to show in defense to' an action by the bailor, that the goods were seized under judicial process, duly and regularly issued.
If, therefore, the sheriff by virtue of the attachment which was issued out of the Supreme Court against the property of a third party had taken the plaintiff’s goods from the defendants* against the will or…
2Cases cited4 opinions
- Rodman v. . HenryNew York Court of Appeals · 1858
- Teller v. RandallNew York Supreme Court · 1862
- Crounse v. WhippleNew York Supreme Court · 1865
- Stewart v. FosterNew York Court of Common Pleas · 1857
3Cited by2 opinions
- Hagerman v. Tong LeeNevada Supreme Court · 1877
- Duffy v. DawsonNew York Court of Common Pleas · 1893