Graham v. Purcell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James P. Graham, from a judgment of the Municipal Court of the city of Rew Y ork, borough of Brooklyn, in favor of the defendant, rendered on the 29th day of March, 1907.
1Opinion of the Court
Jenks, J.:
The plaintiff placed his building sand upon the land of Meeks without permission from Meeks. Meeks sold the land with the sand upon it to Abrams. Abrams sold and delivered the sand to Purcell. This action is against Abrams and Purcell for conversion. The court dismissed the case as to Abrams at-the close of plaintiff’s case, and at the close of the whole case gave judgment for Purcell. The plaintiff appeals. I think that the court erred in each disposition.
As this sand had been taken from its bed it was a subject of conversion (Land & Gravel Co. v. Commission Co., 138 Mo. 444),…
2Cases cited4 opinions
- Pease v. . SmithNew York Court of Appeals · 1875
- Glencoe Land & Gravel Co. v. Hudson Bros. Commission Co.Supreme Court of Missouri · 1897
- Babcock v. GillNew York Supreme Court · 1813
- Davis v. DavisAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- Hamlet at Willow Creek Development Co. v. Northeast Land Development Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Pettigrew v. W & H DEVELOPMENT COMPANYDistrict Court of Appeal of Florida · 1960