Adorff v. Bechter
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from a judgment of the Municipal Court of the city of New York, borough of Manhattan, eighth district, rendered in favor of the plaintiff.
1ConcurrenceGiegerich, J.
(concurring.) The pleadings in this action were oral, the plaintiff’s complaint being “ conversion.” The testimony tended to show merely a breach of contract as to which there was a disputed question of fact, and the plaintiff recovered a judgment. The judgment contains no clause authorizing the arrest and imprisonment of the defendants and is, therefore, a judgment on contract only. The appellants’ ground for reversal is substantially that, the complaint having set up a cause of action for conversion, no judgment in contract could be recovered. This would be *220true had the pleadings been…
2Cases cited1 opinion
- Greenberg v. AngermanAppellate Terms of the Supreme Court of New York · 1903