Groves v. . Warren
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 16, 1920, unanimously affirming a judgment in favor of defendant entered upon a verdict. The incompetent evidence of the price obtained at private sale of the property converted by the defendant cannot be disregarded under section 1317 of the Code of Civil Procedure. The error was substantial.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 16, 1920, unanimously affirming a judgment in favor of defendant entered upon a verdict. The incompetent evidence of the price obtained at private sale of the property converted by the defendant cannot be disregarded under section 1317 of the Code of Civil Procedure. The error was substantial. The reception of this evidence under the objection and exception of the plaintiff requires a reversal. (Starbird v. Barrens, 43 N. Y. 200; Bird v. Gillett, 47 N. Y. 186;…
1Opinion of the CourtHogan, J.
The plaintiff in this action sought to recover damages for an alleged wrongful conversion of personal property. Two trials of the action have been had. Upon the first trial plaintiff was nonsuited upon the ground that the contract between the parties was executory; The judgment was affirmed by a non-unanimous decision by the Appellate Division. Upon appeal to this court (226 N. Y. 459) the judgments below were reversed and a new trial granted. We held that the contract which was set forth in the opinion of this court, and consequently may be omitted here, was an executed contract and that…
2Cases cited2 opinions
- Latimer v. . BurrowsNew York Court of Appeals · 1900
- Groves v. . WarrenNew York Court of Appeals · 1919
3Cited by3 opinions
- Weber v. West Seattle Land & Improvement Co.Washington Supreme Court · 1936
- Morgan L. Co. v. N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1933
- Morgan Lake Co. v. New York, New Haven & Hartford RailroadNew York Court of Appeals · 1933