McEntee v. . the New Jersey Steamboat Co.
New York Court of Appeals
Appeal from the General Term of the Supreme Court in the second district. The action was brought against the defendants for the conversion of chattels claimed by the plaintiff. The defendants, as common carriers between Albany and New York, received from Mr. Guyer, at Albany, and carried to New York, in 1868, several bundles of sash and blinds addressed to “ McEntee,” New York.
Read the full summary
Appeal from the General Term of the Supreme Court in the second district. The action was brought against the defendants for the conversion of chattels claimed by the plaintiff. The defendants, as common carriers between Albany and New York, received from Mr. Guyer, at Albany, and carried to New York, in 1868, several bundles of sash and blinds addressed to “ McEntee,” New York. After these arrived at New York, the plaintiff claimed them, and gave evidence tending to prove that he demanded the goods and tendered the charges, and that the agents of the defendants refused to deliver them. The…
1Opinion of the CourtAllen, J.
The defendants were charged for the conversion of the goods upon evidence of a demand and a refusal to deliver them. If the demand was by the person entitled to receive them, and the refusal to deliver was absolute and unqualified, the conversion was sufficiently proved, for such refusal is ordinarily conclusive evidence of a conversion; but if the refusal was qualified, the question was whether the qualification was reasonable; and if reasonable and made in good faith, it was no evidence of a conversion. (Alexander v. Southey, 5 B. and Ald., 247; Holbrook v. Wight, 24 W. R., 169; Rogers v.…
2Cases cited2 opinions
- Rogers v. . WeirNew York Court of Appeals · 1866
- Guillaume v. Hamburgh & American Packet Co.New York Court of Appeals · 1870
3Cited by31 opinions
- North Pennsylvania Railroad v. Commercial Bank of ChicagoSupreme Court of the United States · 1887
- Pierpoint v. HoytNew York Court of Appeals · 1932
- McCormick v. . Pennsylvania Central R.R. Co.New York Court of Appeals · 1872
- Price v. . Oswego and Syracuse R.R. Co.New York Court of Appeals · 1872
- Bailey v. . Hudson River R.R. Co.New York Court of Appeals · 1872
26 more not listed; retrieve them via the Exa API.