Nicholson v. Conner
New York Court of Common Pleas
Appeal by the defendant from a judgment of the Marine Court of the city of New York, entered on an order of the general term of that court, affirming a judgment for the plaintiffs on a verdict rendered by direction of the" court at trial term. The action was brought to recover damages for the taking and conversion of 753 cases of canned peaches, alleged to have been the property of the plaintiffs.
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Appeal by the defendant from a judgment of the Marine Court of the city of New York, entered on an order of the general term of that court, affirming a judgment for the plaintiffs on a verdict rendered by direction of the" court at trial term. The action was brought to recover damages for the taking and conversion of 753 cases of canned peaches, alleged to have been the property of the plaintiffs. The defendant justified the taking and conversion, under a warrant of attachment against one William M. Winks, issued in a suit against him in the Supreme Court for $1149 62-, and alleged that the…
1Opinion of the Court
Charles P. Daly, Chief Justice.
Under the decision of the Court of Appeals in Kavanagh v. Wilson (70 N. Y. 179), this judgment will have to be reversed. In that case, the court, upon the plaintiff’s evidence, which was uncontradicted, directed a verdict for the plaintiff and refused the defendant’s request to have the case submitted to the jury. The making of a special contract to pay the plaintiff $4,000 for negotiating the sale of certain real estate, rested upon *214the testimony of a single witness, the plaintiff’s son, and there was no other evidence or circumstance in the case tending to…
2Cases cited3 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Kavanagh v. . WilsonNew York Court of Appeals · 1877
- Dunlop v. PattersonNew York Supreme Court · 1825
3Cited by9 opinions
- Kearney v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Metropolitan Elevated Railway Co. v. Manhattan Elevated Railway Co.New York Court of Common Pleas · 1884
- Dearing v. PearsonNew York Court of Common Pleas · 1894
- Lesser v. WunderNew York Court of Common Pleas · 1880
- Eisenlord v. ClumNew York Supreme Court · 1893
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