Johnson v. . Blaney
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 11, 1909, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 11, 1909, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. It is alleged in the complaint that in May, 1907, at the premises known as No. 252 West 93rd street, in the borough of Manhattan, the defendant wrongfully converted certain household furniture and other personal property belonging to the plaintiff of the value of $2,000. The answer contains a general denial and a plea of justification upon the ground that on…
1Opinion of the CourtVann, J.
The issue was distinctly presented by the pleadings whether at the date of the alleged conversion the property in question belonged to the plaintiff. Upon that issue evidence was given in his behalf tending to show that he owned the property at that date and, on behalf of the defendant, tending to show that it belonged to Fanny E. Johnson as trustee under a certain trust created in 1904. A verdict in favor of either party upon the issue thus raised and supported would have been warranted. There were other issues in the case to which much of the evidence was addressed, but we shall confíne our…
2Cases cited1 opinion
- Elterman v. . HymanNew York Court of Appeals · 1908
3Cited by23 opinions
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- Lynch v. NacewiczAppellate Division of the Supreme Court of the State of New York · 1987
- Belgium, S.A. v. Phosphate Chemicals Export Ass'nAppellate Division of the Supreme Court of the State of New York · 1984
- Kaufman v. Simons Motor Sales Co.New York Court of Appeals · 1933
- Banco Nacional De Cuba v. SabbatinoCourt of Appeals for the Second Circuit · 1962
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