Chambers v. Lewis
New York Court of Common Pleas
Appeal from an order of the special term, sustaining the plaintiff’s demurrer to the answer of defendant. The complaint alleged that on March 30, 1859, the plaintiff possessed and owned certain personal property of the value of $640, and on or about that day, the defendant obtained such property, and wrongfully converted it to his own use; that before the commencement of this suit, the plaintiff demanded'it of the defendant, who refused to deliver it; whereupon, judgment was…
Read the full summary
Appeal from an order of the special term, sustaining the plaintiff’s demurrer to the answer of defendant. The complaint alleged that on March 30, 1859, the plaintiff possessed and owned certain personal property of the value of $640, and on or about that day, the defendant obtained such property, and wrongfully converted it to his own use; that before the commencement of this suit, the plaintiff demanded'it of the defendant, who refused to deliver it; whereupon, judgment was demanded for $640, with interest from April 12, 1859, the day of making such demand. The action appeared, from the…
1Opinion of the Court
By the Court.—Hilton, J.
(After stating the facts.) It is argued that the plaintiff having issued a summons in the form prescribed in actions brought for a money-demand arising upon contract, and also having attached to the complaint a demand of judgment for a specified sum with interest, it must be presumed that the tort arising from the wrongful conversion of the property referred to, has been waived, and the action is, therefore, to be regarded as resting upon the contract which the law implies in such cases; and as the counter-claim set up arises from a contract also implied by law,…
2Cases cited4 opinions
- Pattison v. RichardsNew York Supreme Court · 1856
- Van Valen v. LaphamThe Superior Court of New York City · 1856
- Piser v. StearnsNew York Court of Common Pleas · 1856
- Shafer v. HumphreyNew York Supreme Court · 1857
3Cited by6 opinions
- Bell v. Bank of CaliforniaCalifornia Supreme Court · 1908
- Merritt v. GouleyNew York Supreme Court · 1890
- McGuire v. LambIdaho Supreme Court · 1888
- Starks v. Rhodes, New York County Courts1909
- Chamboret v. CagneyThe Superior Court of New York City · 1871
1 more not listed; retrieve them via the Exa API.