Brockway v. Burnap
New York Supreme Court
This action was brought to recover possession of a quantity of brushes and other personal property, and also a promissory note, and certain sums of money. The complaint contained two counts.
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This action was brought to recover possession of a quantity of brushes and other personal property, and also a promissory note, and certain sums of money. The complaint contained two counts. The first alleged that certain brushes belonged to the plaintiff, from whom the defendant received them to return the same or the proceeds to the plaintiff when he should be requested ; that he took and received them with intent not to return them, but to convert them to his own use and defraud the plaintiff ; and that he had refused to redeliver, and still detained them. The second count was for…
1Opinion of the CourtHand, P. J.
The parties were not partners inter sese. Bur-nap had no interest in the profits as profits. These belonged to Brockway, who employed Burnap as superintendent, for which the former was to pay him “ a sum equal to one-half the net profits,” &c. (Perk. Coll, on Part. §§ 40, and n., 44 and n.)
The action is to recover the possession of certain specified goods and chattels, choses in action and money. The plaintiff in detinue could recover money only when it could be specifically identified, as in a bag, <fcc. Whether that is still the rule under the code, it is not necessary to inquire; for if…
2Cases cited4 opinions
- Allen v. CraryNew York Supreme Court · 1833
- Dunham v. WyckoffNew York Supreme Court · 1829
- Brockway v. BurnapNew York Supreme Court · 1851
- Snow v. RoyNew York Supreme Court · 1840
3Cited by11 opinions
- Nichols v. . MichaelNew York Court of Appeals · 1861
- Andrews v. HoeslichWashington Supreme Court · 1907
- National Steamship Co. v. SheahanNew York Court of Appeals · 1890
- Dudley v. RossWisconsin Supreme Court · 1871
- Ellis v. LersnerNew York Supreme Court · 1867
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