Hawk v. Thorn
New York Supreme Court
APPEAL by the defendants from an order made at a special term, overruling a demurrer to the complaint. The complaint alleged that on or about the 23d day of January, 1866, at Yew York, the plaintiffs sold and delivered to the defendants, certain goods, consisting of two hogs weighing 680 pounds, of the value and at the price of twelve cents per pound, and nine other hogs weighing 2497 pounds, of the value and at the price of twelve and a half cents per pound, amounting in…
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APPEAL by the defendants from an order made at a special term, overruling a demurrer to the complaint. The complaint alleged that on or about the 23d day of January, 1866, at Yew York, the plaintiffs sold and delivered to the defendants, certain goods, consisting of two hogs weighing 680 pounds, of the value and at the price of twelve cents per pound, and nine other hogs weighing 2497 pounds, of the value and at the price of twelve and a half cents per pound, amounting in all to $393.73; that the defendants had not paid for said goods, and the sum of $42.73, with interest since January 23,…
1Opinion of the CourtCardozo, J.
The objections raised in' this case are not tenable. When a person has unlawfully taken possession of another’s property, the tort may be waived, and an action brought for its value. Such a cause of action is *169assignable. Both causes of action set forth in the complaint are founded on contract, the first express, and the other implied by law, and are properly joined.
[New York General Term, June 7, 1869.
The order below was right, and should be affirmed with costs.
Geo. G. Barnard, J.
The demurrer was properly disposed of. The complaint shows that both causes of- action arose on contract. They…
2Cited by4 opinions
- Childs v. Harris Manufacturing Co.Wisconsin Supreme Court · 1887
- Nichols v. GageOregon Supreme Court · 1881
- Carey v. FlackAppellate Terms of the Supreme Court of New York · 1897
- Hyde v. TufftsThe Superior Court of New York City · 1879