Ontario Bank v. . N.J. Steamboat Co.
New York Court of Appeals
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The defendant, under the general denial in its answer, had the right to introduce proof controverting any fact that the plaintiff was required to prove to establish his cause of action. For this purpose, it must show a conversion of the wool by the defendant. To do this it proved a demand of the wool from the defendant, and its failure to deliver. This was evidence tending to show a conversion, which, unexplained, would justify finding that fact. The defendant,…
2Cases cited1 opinion
- The Bank of Rochester v. . JonesNew York Court of Appeals · 1851
3Cited by4 opinions
- Cary v. Western Union Telephone Co.New York Supreme Court · 1888
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. WrightIndiana Court of Appeals · 1900
- Commercial Bank v. Chicago, St. Paul & Kansas City Railway Co.Illinois Supreme Court · 1896
- Nauyalis v. Philadelphia & Reading Coal & Iron Co.Appellate Division of the Supreme Court of the State of New York · 1915