Whitmark v. Lorton
New York Court of Common Pleas
Appeal from fourth district court. Action by Mary Whitmark against William B. Lorton for conversion of a sewing-machine, Plaintiff recovered judgment, from which defendant appeals.
1Opinion of the CourtBischoff, J.
There is nothing in the justice’s return to indicate that this action was not originally brought to recover damages for conversion, and while, as an abstract proposition of law, the appellant’s contention, that the justice had no power by way of amendments of the complaint to allow the substitution of any action sounding in tort for an action upon contract, must be conceded to be correct, (Barnes v. Quigley, 59 N. Y. 268; Bockes v. Lansing, 74 N. Y. 442,) the action of the appellate court reversing the proceedings of the trial justice must be predicated upon clear and convincing proof that…
2Cases cited1 opinion
- Bockes v. . LansingNew York Court of Appeals · 1878
3Cited by3 opinions
- Waterman v. American Pin Co.Appellate Terms of the Supreme Court of New York · 1897
- Bartlett v. BunnNew York Supreme Court · 1889
- Schwartz v. SchendelAppellate Terms of the Supreme Court of New York · 1898