Lester v. Delaware, L. & W. Railroad
New York Supreme Court
Appeal from circuit court, Oswego county. Action by David P. Lester against the Delaware, Lackawanna & Western Railroad Company for the conversion of goods. From a judgment entered on a decision of the court rendered after trial before the court without a jury in favor of plaintiff, defendant appeals.
1Opinion of the CourtMerwin, J.
In this case, upon a former appeal (73 Hun, 398, 26 N. Y. Supp. 206), a judgment in favor of the plaintiff was reversed mainly on the ground that the plaintiff had not shown the termination of the contract between himself and his agent, O’Donnell, and therefore- had not shown himself entitled to the possession of the goods which were delivered by the defendant to O’Donnell, and for the conversion of which this action was brought on the theory of a wrongful delivery by the defendant to O’Donnell. Upon the trial now under review there is evidence tending to show that, prior to the claim by…
2Cases cited4 opinions
- Boyce v. . BrockwayNew York Court of Appeals · 1865
- Green v. ClarkNew York Supreme Court · 1848
- Delamater v. MillerNew York Supreme Court · 1823
- Lester v. Delaware, Lackawanna & Western RailroadNew York Supreme Court · 1893
3Cited by7 opinions
- Griggs v. . York-Shipley, Inc.Supreme Court of North Carolina · 1948
- Kewanee Private Utilities Co. v. Norfolk Southern RailroadSupreme Court of Virginia · 1916
- United States v. Eighty-Seven BarrelsDistrict Court, D. Vermont · 1910
- Ample Bright Development, Ltd. v. Comis InternationalDistrict Court, C.D. California · 2012
- Lipman Refrigerator Co. v. Baltimore & Ohio Warehouse Co.Ohio Court of Appeals · 1925
2 more not listed; retrieve them via the Exa API.