Gorum v. Carey
New York Court of Common Pleas
Motion for a new trial. This was an action for damages for taking a quantity of ultra marine blue, belonging to the plaintiff, and valued in the complaint at $153. On the trial of the cause, it appeared in evidence that the plaintiff at the time of the alleged conversion carried on a commission business in paints and ultra marine blue. The blue referred to in the complaint was consigned to the plaintiff for sale, and was by him stored with one James Byrne, at his store.
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Motion for a new trial. This was an action for damages for taking a quantity of ultra marine blue, belonging to the plaintiff, and valued in the complaint at $153. On the trial of the cause, it appeared in evidence that the plaintiff at the time of the alleged conversion carried on a commission business in paints and ultra marine blue. The blue referred to in the complaint was consigned to the plaintiff for sale, and was by him stored with one James Byrne, at his store. Byrne subsequently sold out to the defendant, the stock, fixtures, &c„ of his store, mentioning to him that the boxes of…
1Opinion of the CourtDaly, J.
There could be no doubt of the plaintiff’s right to maintain an action in his own name for the conversion of this property before it was placed upon storage, it having come into his possession as a factor, for sale on commission. Tli at he had parted with the actual possession, by storing the property with Byrne, is immaterial. The right of action does not depend upon the fact of possession, it grows out of the right to the possession. Thus, where goods are consigned to a factor, he may bring an action against a wrong doer for converting them, though the property never came into his…
2Cited by3 opinions
- Robertson v. National Steam-Ship Co.The Superior Court of the City of New York and Buffalo · 1891
- Porter v. SchendelAppellate Terms of the Supreme Court of New York · 1899
- Robertson v. National Steamship Co.The Superior Court of New York City · 1892