Soltau v. . Gerdau
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, in favor of plaintiffs, entered upon an order made Hay 22, 1888, which overruled defendant’s exceptions and ordered judgment on a verdict directed by the court, exceptions having been ordered to be heard at first instance at General Term.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, in favor of plaintiffs, entered upon an order made Hay 22, 1888, which overruled defendant’s exceptions and ordered judgment on a verdict directed by the court, exceptions having been ordered to be heard at first instance at General Term. This action was brought by the plaintiff to recover the possession, or, in lieu thereof, the value of seventy-six baskets of prime Borneo rubber, F. F., alleged in the complaint to have wrongfully, unlawfully and illegally come into the possession of the defendant…
1Opinion of the Court
F,at?.t,3 J.
The trial judge held that the facts of the case showed that the broker Smith obtained the rubber from the plaintiff by larceny, and upon that ground directed the verdict. There were no disputed facts and we think the evidence so clearly established the larceny that there was nothing in reference thereto to submit to the jury. It is entirely clear that Smith intended from the beginning of his negotiations with the plaintiff in reference to the rubber, to steal it. 27o other conclusion or inference from the evidence is justifiable. The plaintiff did not intend to part with the title…
2Cases cited4 opinions
- Bassett v. . SpoffordNew York Court of Appeals · 1871
- Howland v. . WoodruffNew York Court of Appeals · 1875
- Hentz v. . MillerNew York Court of Appeals · 1883
- Kinsey v. . LeggettNew York Court of Appeals · 1877
3Cited by24 opinions
- Crum v. StateIndiana Supreme Court · 1897
- Soma v. HandrulisNew York Court of Appeals · 1938
- In Re James, Inc.Court of Appeals for the Second Circuit · 1929
- Powers v. Pacific Diesel Engine Co.California Supreme Court · 1929
- Commercial Bank v. HurtSupreme Court of Alabama · 1892
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