Kinney v. . Kiernan
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department in favor of defendants entered upon a verdict. (Reported below 2 Lans., 492.) The action was brought for the alleged wrongful conversion of ten barrels of spirits.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department in favor of defendants entered upon a verdict. (Reported below 2 Lans., 492.) The action was brought for the alleged wrongful conversion of ten barrels of spirits. In December, 1867, the plaintiff sold and delivered to P. F. Gill & Co. seventy-seven barrels of spirits, amounting to $6,313.34, and at the time received and credited on the bill, as cash, two checks on a bank in Troy, signed by Hat. Wood, and payable to the order of P. F. Gill & Co., and indorsed P. F. Gill & Co.; one check for…
1Opinion of the CourtRapallo, J.
Concurring in the conclusion of my learned associates, that at the time of the commencement of this action there had been a valid rescission of the contract of sale to Gill & Co., and that the right of action of the plaintiff against the defendants for the conversion of the goods received by them from Gill & Co. was then perfect, I cannot concur in the further conclusion that the subsequent suit and settlement between the plaintiff and Gill & Co. necessarily constituted a bar to this action. So long as the contract of sale between the plaintiff and Gill & Co. remained voidable merely, it was…
2Cases cited4 opinions
- Morris v. . RexfordNew York Court of Appeals · 1859
- Huston v. Peters, Hardin & Co.Court of Appeals of Kentucky · 1859
- Wheaton v. BakerNew York Supreme Court · 1853
- Pearse v. PettisNew York Supreme Court · 1866
3Cited by58 opinions
- Schenck v. . State Line Telephone Co.New York Court of Appeals · 1924
- Moller v. . TuskaNew York Court of Appeals · 1881
- Fuller-Warren Co. v. HarterWisconsin Supreme Court · 1901
- Henry v. . HerringtonNew York Court of Appeals · 1908
- Zimmerman v. Robinson & Co.Supreme Court of Iowa · 1905
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