Fleischman v. Glaser
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the city of Hew York, fourth district, borough of Manhattan, rendered in favor of the plaintiffs.
1Opinion of the CourtMacLean, J.
This was an action brought to recover property wrongfully detained. As the record fails to show wrongful possession by the defendant, demand and refusal were necessary to constitute wrongful detention. Goodwin v. Wertheimer, 99 N. Y. 149; Porges v. Cohen, 23 Misc. Rep. 703. The plaintiff testifies that, he never demanded the return of the property, and the bookkeeper of plaintiffs’ vendor, testifying to ail inquiry which, if it had been made by or for the plaintiffs, might be called a quasi *556demand, admits that the plaintiffs never requested him to act either on their behalf or by their…
2Cases cited2 opinions
- Goodwin v. . WertheimerNew York Court of Appeals · 1885
- Porges v. CohenAppellate Terms of the Supreme Court of New York · 1898