Pease v. . Smith
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of the plaintiffs entered upon a verdict, and affirming an order denying a motion for a new trial. (Eeported below, 5 Lans., 519.) The action was brought for the alleged conversion by the defendants of a quantity of law blanks belonging to the plaintiffs. Plaintiffs were book-sellers and stationers in the city of Albany.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of the plaintiffs entered upon a verdict, and affirming an order denying a motion for a new trial. (Eeported below, 5 Lans., 519.) The action was brought for the alleged conversion by the defendants of a quantity of law blanks belonging to the plaintiffs. Plaintiffs were book-sellers and stationers in the city of Albany. The defendants dealt largely in materials used in the manufacture of paper. Their course of business was to purchase from junk shops and small dealers…
1Opinion of the Court
Dwight, C.
There are several objections raised by the defendants on this appeal.
I. It is claimed that the judge erred at the trial in refusing to grant a nonsuit, because the defendants bought the goods in controversy in the course of trade, and had sold them before any claim was made by the owners. It is insisted by the appellant that it is a prerequisite to a valid claim for conversion, in such a case, that a demand should have been made for the goods while they were in the defendants’ possession, and before their sale, and that there can be no conversion, unless control over the property…
2Cases cited16 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Brennan v. PeopleIllinois Supreme Court · 1854
- Boyce v. . BrockwayNew York Court of Appeals · 1865
- Coleman v. . People of the State of N.Y.New York Court of Appeals · 1873
- Hanmer v. WilseyNew York Supreme Court · 1837
11 more not listed; retrieve them via the Exa API.
3Cited by92 opinions
- People v. DaddonaNew York Court of Appeals · 1993
- People v. . SharpNew York Court of Appeals · 1887
- State v. Seventh Regiment Fund, Inc.New York Court of Appeals · 2002
- St. John's University, New York v. BoltonDistrict Court, E.D. New York · 2010
- Employers' Fire Insurance v. CottenNew York Court of Appeals · 1927
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