Thomas Manufacturing Co. v. Symonds
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Thomas Manufacturing Company, from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Broome OH the 7th day of February, 1898, denying the plaintiff’s application for judgment upon the defendants’ default in answering.
1Opinion of the Court
Parker, P. J.:
If the complaint in this action can be properly construed as one for conversion, the motion for judgment should have been granted, and the order denying it must be reversed.
That pleading, in substance, avers that the defendants received from the plaintiff- bicycles under an agreement that the'title to and ownership of the same should remain in the plaintiff until they were *317fully paid for, and that, in case the defendants sold any of them, the proceeds of the sale should be the absolute projierty of the ¡fiaintiff; that the value and price of each bicycle so received was also…
2Cited by2 opinions
- Herrmann Furniture & Plumbers' Cabinet Works v. HymanAppellate Terms of the Supreme Court of New York · 1899
- Stern v. SydneyAppellate Terms of the Supreme Court of New York · 1915