Whitney v. Slauson
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought for the wrongful withholding and detention of a quantity of goods, groceries, &c.
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APPEAL from a judgment entered upon the report of a referee. The action was brought for the wrongful withholding and detention of a quantity of goods, groceries, &c. The referee found the following facts, viz: That on the 4th day of December, 1855, James D. Crank purchased of the defendants, at Rochester, the goods, wares and merchandise and groceries mentioned and described in the complaint, and directed them to be packed in a box and shipped by H. Shackleton’s boat to Greneseo, the place of residence of said Crank; that the said goods were selected and packed in a box hy the defendants, but…
1Opinion of the Court
By the Court, Johnson, J.
This action is not in the nature of a special action on the case, for the loss of the goods, through the carelessness or negligence of the defendants as bailees, but is in thS nature of an action of trover for the wrongful withholding and detention of such goods, upon demand by the plaintiff. To sustain the latter action, it is necessary for the plaintiff to show affirmatively the facts requisite to constitute a conversion. He must show a wrongful detention after demand. A mere neglect, on the part of the defendant, to deliver upon demand, unless the goods are then in…
2Cases cited2 opinions
- Waldron v. . WillardNew York Court of Appeals · 1858
- Bowman v. EatonNew York Supreme Court · 1857
3Cited by11 opinions
- Gillet v. . RobertsNew York Court of Appeals · 1874
- Steele v. MarsicanoCalifornia Supreme Court · 1894
- Taugher v. Northern Pacific Railway Co.North Dakota Supreme Court · 1910
- Larkins & Moore v. EckwurzelSupreme Court of Alabama · 1868
- Hartford Ice Co. v. Greenwoods Co.Supreme Court of Connecticut · 1891
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