Cobb v. . Cornish
New York Court of Appeals
Appeal from the Superior Court of Uew-York city. The complaint charged the defendant with having wrongfully omitted to sell certain boring machines, intrusted to the defendant for sale upon commission, and with having converted them to his own use.
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Appeal from the Superior Court of Uew-York city. The complaint charged the defendant with having wrongfully omitted to sell certain boring machines, intrusted to the defendant for sale upon commission, and with having converted them to his own use. On the trial, before Mr. Justice Oaklet and a jury, it was proved that the plaintiff shipped twenty-four boring machines, on board a vessel of which the defendant was master, for transportation to San Francisco, consigned to Charles E. Hunter. When the vessel arrived at San Francisco, the defendant there found a letter addressed to him by the…
1Opinion of the CourtHarris, J.
Great irregularities have occurred in the proceedings through which this cause has reached this court. The action was tried at the circuit and by a jury. Upon the trial evidence was offered by the plaintiff, which, being objected to by the counsel for the defendant, was excluded; an exception was taken to the decision. The testimony being closed, the court directed the jury to assess tie value of the property in question. The defendant’s counsel requested the court to give certain instructions to the jury in relation to the effect of a part of the evidence upon a question of value. This the…
2Cited by13 opinions
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