Terry v. . Munger
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of October, 1888, which affirmed a judgment in favor of defendant entered upon a verdict directed by the court. This was an action for conversion. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of October, 1888, which affirmed a judgment in favor of defendant entered upon a verdict directed by the court. This was an action for conversion. The facts, so far as material, are stated in the opinion. It is submitted that the construction put by the Court of Appeals upon the complaint in Goodwin v. Griffis (88 N. Y. 629), is not controlling in this action. (White v. Scott, 4 Barb. 56; Heftel v. Lightston, 11 N. Y. 99 ; Williams v. Fitzhugh, 44 Barb.…
1Opinion of the CourtPeckham, J.
The plaintiffs commenced an action heretofore against two other persons named respectively Kipp and Hunger, on account of the same transaction for which this action was brought against the above-named sole defendant. The character of the complaint in that action was before this court, and the case is reported in 88 N. Y. 629. The defendants in that case were charged with detaching and carrying away from the mill the machinery in question in that case and also in this and using it for themselves. It was there held, upon a perusal of the complaint, that the action was of a nature ex…
2Cases cited9 opinions
- Fowler v. . Bowery Savings BankNew York Court of Appeals · 1889
- Conrow v. . LittleNew York Court of Appeals · 1889
- People of State of N.Y. v. . DennisonNew York Court of Appeals · 1881
- Norden v. JonesWisconsin Supreme Court · 1873
- Sanger v. WoodNew York Court of Chancery · 1818
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3Cited by122 opinions
- Metropolitan Life Ins. Co. v. . Childs Co.New York Court of Appeals · 1921
- Merritt v. American Steel-Barge Co.Court of Appeals for the Eighth Circuit · 1897
- Baratta v. KozlowskiAppellate Division of the Supreme Court of the State of New York · 1983
- Herbert v. WaggSupreme Court of Oklahoma · 1910
- Hechter v. New York Life InsuranceNew York Court of Appeals · 1978
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