Marvin Safe Co. v. Foss
New York Court of Common Pleas
Appeal from first district court. Action by the Marvin Safe Company against Max J. Foss. From a judgment for defendant, plaintiff appeals.
1Opinion of the CourtBisohoff, J.
This action was brought to recover damages for the alleged conversion of a safe, and the complaint contained appropriate allegations essential to such a cause of action, right of possession in plaintiff, possession by defepdant, and refusal by him to deliver after demand. The answer controverted these allegations, and set forth as a separate and distinct defense that prior to the commencement of this action plaintiff had sold and delivered the safe to Emanuel & Taylor, upon their agreement to pay for it in installments; and that, until the full and complete payment of the purchase price, the…
2Cases cited3 opinions
- Macniffe v. LuddingtonNew York Court of Common Pleas · 1883
- Phillips v. MunseyNew York Court of Common Pleas · 1889
- Greenwood v. SchumackerNew York Court of Appeals · 1880
3Cited by1 opinion
- New York Small Stock Co. v. Third Ave. RailroadNew York Court of Common Pleas · 1895