Gandy v. . Collins
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 20, 1914, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 20, 1914, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant having acquired the custody and possession of the cars as sheriff in a valid replevin proceeding, and, so far as the record shows, having retained possession thereof at the time of the commencement of this action, it is not maintainable against him. (Code…
1Opinion of the CourtCardozo, J.
The action is for conversion. In May, 1908, the plaintiff’s assignor, Gr. S. W. Brubaker & Co., obtained a loan of money from the Franklin Trust Company of Philadelphia. It received the money to enable it to become the buyer of electric cars; and it agreed to store the cars in the name' of the trust company until the loan was paid. In the following month it delivered to the trust company a bill of sale by which, in consideration of the loan, it assigned to the trust company all its right, title and interest in the cars, and undertook upon a sale to turn over the proceeds. The cars remained in…
2Cases cited9 opinions
- Casey v. CavarocSupreme Court of the United States · 1878
- Stephens v. . Meriden Britannia Co.New York Court of Appeals · 1899
- Bullis v. . MontgomeryNew York Court of Appeals · 1872
- Manning, Bowman Co. v. . KeenanNew York Court of Appeals · 1878
- Clark v. . WoodruffNew York Court of Appeals · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Lockhart v. Garden City Bank & Trust Co.Court of Appeals for the Second Circuit · 1940
- In re the Estate of KiamieNew York Court of Appeals · 1955
- Edwards v. Walker, New York County Courts1937
- In re the Estate of StupackNew York Surrogate's Court · 1935
- N. B. I. Corp. v. Keller, New York County Courts1940
7 more not listed; retrieve them via the Exa API.