Spencer v. Blackman
New York Supreme Court
This was an action of trover, tried at the Albany circuit in September, 1830, before the Hon. James Vanderpoel, one of the circuit judges. The action was brought for a watch belonging to the plaintiff, of which the defendant had been in possession, and which, while in his possession, was levied upon and taken by an officer, by virtue of an execution against one William Weaver.
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This was an action of trover, tried at the Albany circuit in September, 1830, before the Hon. James Vanderpoel, one of the circuit judges. The action was brought for a watch belonging to the plaintiff, of which the defendant had been in possession, and which, while in his possession, was levied upon and taken by an officer, by virtue of an execution against one William Weaver. Weaver testified that the watch had been in his keeping for a long time, with the view of disposing of it for the plaintiff, to whom it belonged; that he carried it about his person; that the defendant proposed to…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The only question presented is, whether the defendant was guilty of a conversion of the watch. A conversion seems to consist in any tortious act, by which the defendant deprives the plaintiff of his goods. 3 Starkie’s Ev. 1492. A demand and refusal to deliver, are, in general, evidence of a conversion. But it is said that to make a refusal to deliver evidence of a conversion, it must be in the power of the defendant to make the delivery demanded ; there must be an actual tort. 1 Campb. 441. In every action of trover the possession is supposed to have been lawfully…
2Cited by4 opinions
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- Gibbons v. LukeNew York Supreme Court · 1885