Wilson v. Mathews
New York Supreme Court
THE plaintiff, in 1851, residing in Niagara county in this state, forwarded to the defendant, residing at Oswego, wheat to be by him forwarded to Moore, Tibbitts & Co. of Troy. The defendant did not forward all that he received, but sent 700 bushels and 39 pounds to one Nason. The plaintiff called on the defendant for the wheat thus converted, and the defendant stated that he had sent the same to Henry Nason, of this city.
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THE plaintiff, in 1851, residing in Niagara county in this state, forwarded to the defendant, residing at Oswego, wheat to be by him forwarded to Moore, Tibbitts & Co. of Troy. The defendant did not forward all that he received, but sent 700 bushels and 39 pounds to one Nason. The plaintiff called on the defendant for the wheat thus converted, and the defendant stated that he had sent the same to Henry Nason, of this city. Thereupon the defendant assigned and delivered to the plaintiff the bill of lading for said wheat, and an order on Nason to pay over to the plaintiff the proceeds of the…
1Opinion of the CourtDavies, J.
The main point in controversy between the parties is, what is the rule of damages to be adopted in this case 1 The plaintiff contends that the true rule is the highest price cf the article converted, at any time between the act of conversion and the time of trial; while the defendant contends that the rule is, the value of the article converted, at the time of conversion.
The rule as contended for by the plaintiff, is certainly that which has been laid down by the highest court of this state as applicable to a refusal of a bank to permit a transfer of stock, to which the party was entitled.…
2Cases cited2 opinions
- Evans v. Wells & SpringCourt for the Trial of Impeachments and Correction of Errors · 1839
- Bennett v. Lockwood & CarterNew York Supreme Court · 1838
3Cited by8 opinions
- Page v. FowlerCalifornia Supreme Court · 1870
- Hamer v. HathawayCalifornia Supreme Court · 1867
- Laflin & Rand Powder Co. v. SinsheimerCourt of Appeals of Maryland · 1877
- Burt v. . DutcherNew York Court of Appeals · 1866
- Lobdell v. StowellNew York County Court, Chenango County · 1865
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