Wells v. . Kelsey
New York Court of Appeals
Appeal from tlie Supreme Court. The action was to recover damages for the conversion by tbe Defendant of two boilers and a quantity of brick, with, some other articles of minor value. These had been put in a building on Defendant’s premises, in the summer of 1858, by his tenants, Durkee & Case, to be used by them in their business, which was the manufacture of soda, sale-ratus, and drugs.
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Appeal from tlie Supreme Court. The action was to recover damages for the conversion by tbe Defendant of two boilers and a quantity of brick, with, some other articles of minor value. These had been put in a building on Defendant’s premises, in the summer of 1858, by his tenants, Durkee & Case, to be used by them in their business, which was the manufacture of soda, sale-ratus, and drugs. The building was destroyed by fire on the 30th day of August, 1860, which terminated the demise, under a provision embodied in the lease; and a question arose whether the articles thus introduced by the…
1Opinion of the CourtPostee, J.
The principal issue on the trial was as to the value of a pair of boilers, at the time of their conversion by the Defendant, which was three days after they were sold to the Plaintiff. Tliey were second-band boilers two years before, when, they were bought by Durkee & Case, and they bad been exposed to injury from disuse as well as from use.
The Plaintiff testified, as a witness in bis own bebalf, that their value was $800, and that they were worth as much as if they were new. This was competent evidence of value, but it was inconclusive in its nature. It was an estimate resting upon the…
2Cases cited1 opinion
- Suydam v. Jenkins, SheriffThe Superior Court of New York City · 1850
3Cited by16 opinions
- People v. SchwartzmanNew York Court of Appeals · 1969
- People v. WiseNew York Court of Appeals · 1978
- Guiterman v. Liverpool, New York & Philadelphia Steamship Co.New York Court of Appeals · 1881
- Bird v. EverardNew York Court of Common Pleas · 1893
- Levant American Commercial Co. v. W. Wells & Co.Appellate Division of the Supreme Court of the State of New York · 1919
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