Jones v. Richards
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the City Court of the city of New York, dismissing his complaint in an action in replevin and rendering judgment in favor of one of the defendants against the plaintiff for the return of the property replevied, or, in lieu thereof, for the sum of $1,175, with interest, as damages for the detention of the property.
1Opinion of the CourtTruax, J.
The material issue was, did the defendant Leighton have authority to trade the property mentioned and described in the complaint? If he did, the ruling of the court was right. If he did not, such ruling was wrong.
I am of the opinion that the defendant Leighton did not *646have the right to trade the property mentioned and described in the complaint, and that the defendant Richards knew that Leighton did not have the right to trade such property. Richards testified that he knew that Leighton was not the owner of the property. He knew that Leighton was acting as agent for Jones. He did not ask…
2Cases cited6 opinions
- Nichols v. . MichaelNew York Court of Appeals · 1861
- Edwards v. . DooleyNew York Court of Appeals · 1890
- Barnett v. . SellingNew York Court of Appeals · 1877
- Beck v. DonohueAppellate Terms of the Supreme Court of New York · 1899
- Dunham v. Troy Union RailroadNew York Court of Appeals · 1867
1 more not listed; retrieve them via the Exa API.