Yardum v. Wolf
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Morris Wolf, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 6th day of July, 1898, denying the' defendant’s motion to vacate an order of arrest heretofore granted in the action.
1Opinion of the Court
The following is the opinion of Daly. J.:
Daly, J.:
The defendant is arrested for conversion and moves to vacate the order for alleged insufficiency of the complaint, as indicated in the brief of counsel. It is contended (1) that the complaint shows that the plaintiffs elect to sue upon contract for goods consigned, or *248their juroceeds, and not for conversion; and (2) that the complaint fails to state that the plaintiffs have any property in the goods or any right, to immediate possession. The complaint sets forth that the plaintiffs are dealers in rugs, and that two lots of rugs were delivered…
2Cases cited1 opinion
- Sheldon v. HoyNew York Supreme Court · 1855