Macumber v. Detroit Cadillac Motor Car Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Van D. Macumber, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 14th day of January, 1916, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case. The action was brought to recover for the alleged conversion of an automobile. Defendant’s answer denied the allegations of plaintiff’s ownership and of the alleged conversion.
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Appeal by the plaintiff, Van D. Macumber, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 14th day of January, 1916, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case. The action was brought to recover for the alleged conversion of an automobile. Defendant’s answer denied the allegations of plaintiff’s ownership and of the alleged conversion. In defense it stated that the automobile had formerly belonged to one Fogarty, who had delivered it to defendant for repairs,…
1Per curiam
Defendant reduced its claim of lien to $792. Plaintiff made no tender, but offered $550. The insistence on $792 was not a conversion. Nor did defendant lose its lien, because after-wards, on May 6, 1915, defendant’s verdict against Fogarty was $127 less than the reduced sum it had claimed.
Allen v. Corby (59 App. Div. 1), on which appellant relies, was an instance of detention on claims not the subject of lien. The liveryman there had a lien of eight dollars and fifty cents or fifty-eight dollars and fifty cents, but instead of standing on his lawful lien he refused to restore the property…
2Cases cited2 opinions
- Allen v. CorbyAppellate Division of the Supreme Court of the State of New York · 1901
- Kindelberger v. KunowAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by2 opinions
- Grant Street Construction, Inc. v. Cortland Paving Co.Appellate Division of the Supreme Court of the State of New York · 2008
- Beck v. Hy-Tech Performance, Inc.Court of Appeals of Arizona · 2015