Greentree v. . Rosenstock
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of ¡New York, affirming a judgment in favor of plaintiff entered upon the report of a referee; and, also, from an order affirming an order denying a motion for a new trial on the ground of newly discovered evidence. The summons in the action was for relief.
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Appeal from judgment of the General Term of the Superior Court of the city of ¡New York, affirming a judgment in favor of plaintiff entered upon the report of a referee; and, also, from an order affirming an order denying a motion for a new trial on the ground of newly discovered evidence. The summons in the action was for relief. The complaint set forth that, in the month of December, 1858, one Nathan Hofflin, at San Francisco, California, appointed the defendant, who then resided in that city, agent to sell for him certain property in California, then belonging to him, and to collect…
1Opinion of the Court
Dwight, C.
The appeal from the order denying a new trial cannot be entertained in this court.
On the appeal from the judgment, the defendant claims that the referee should have dismissed the complaint, on the ground that, as the summons is for relief, and, according to his view, the action is in tort for the conversion of gold, and the claim is for $10,000 damages, consequent on. the tort, the plaintiff cannot recover on contract merely for a debt due.
I do not think that the present action is framed in tort. The allegations are all such as would be properly made if one sought to recover from…
2Cases cited13 opinions
- Conaughty v. . NicholsNew York Court of Appeals · 1870
- Bronson v. RodesSupreme Court of the United States · 1869
- Walter v. . BennettNew York Court of Appeals · 1857
- Ross v. . MatherNew York Court of Appeals · 1872
- Ledwich v. . McKimNew York Court of Appeals · 1873
8 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Williams v. . IngersollNew York Court of Appeals · 1882
- Walrath v. . Hanover Fire Ins. Co.New York Court of Appeals · 1915
- Fairbanks v. . SargentNew York Court of Appeals · 1887
- Segelken v. . MeyerNew York Court of Appeals · 1884
- Holt Ice & Cold Storage Co. v. Arthur Jordan Co.Indiana Court of Appeals · 1900
36 more not listed; retrieve them via the Exa API.