Conaughty v. . Nichols
New York Court of Appeals
This is an appeal by the defendants from a judgment of the General Term of the Supreme Court, fourth district, reversing a judgment entered upon the report of a' referee. The action was brought against the defendants as factors, to recover of them the proceeds of merchandise consigned to them for sale by the plaintiff.
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This is an appeal by the defendants from a judgment of the General Term of the Supreme Court, fourth district, reversing a judgment entered upon the report of a' referee. The action was brought against the defendants as factors, to recover of them the proceeds of merchandise consigned to them for sale by the plaintiff. The plaintiff alleged in his complaint, and proved upon the trial, among other facts, that during the months of December, 1860, and January, 1861, the plaintiffs, who resided in Saratoga county, consigned to the defendants, who were commission merchants, doing business in the…
1Opinion of the CourtIngalls, J.
The plaintiff established a cause of action against the defendants upon contract, and was entitled to recover the amount of Ms claim, unless the referee was correct in holding that the complaint contained but one cause of action, and that was for a tort. If the words “ and have converted the same to their own use ” had been omitted in the complaint, it could not reasonably be contended, that the same was not adapted to the cause of action established by the evidence. The case, therefore, seems to be reduced to the. proposition, whether the plaintiff, having alleged facts -constituting a cause…
2Cases cited4 opinions
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Emery v. . PeaseNew York Court of Appeals · 1859
- Bedell v. . CarllNew York Court of Appeals · 1865
- Olcott v. . CarrollNew York Court of Appeals · 1868
3Cited by73 opinions
- Walrath v. . Hanover Fire Ins. Co.New York Court of Appeals · 1915
- Greentree v. . RosenstockNew York Court of Appeals · 1875
- Ross v. . MatherNew York Court of Appeals · 1872
- Ledwich v. . McKimNew York Court of Appeals · 1873
- Goodman v. . AlexanderNew York Court of Appeals · 1901
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