Mahar v. Compton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James Compton, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Niagara on the 11th day of January, 1897, after a tidal at the Niagara Trial Term, and also from an order made at the Niagara Trial Term, and entered in the office of the clerk of the county of Niagara, denying the defendant’s motion to set aside the verdict, assessment and finding of the jury.
1Opinion of the Court
Adams, J.:
The plaintiff brings this action to recover the value of two stationary engines, which he claims to have purchased of the Middleport Manufacturing Company, and which he alleges in his complaint were converted and disposed of by the defendant to the plaintiff’s damage in the sum of seventy-five dollars.
The defenses interposed by the defendant are: (1) A general denial; (2) an allegation that the title to the engines never passed to the plaintiff, but that they belonged to the defendant as receiver of the Middleport Manufacturing Company; that no sufficient demand had ever been made…
2Cases cited2 opinions
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- Myers v. SmithNew York Supreme Court · 1867
3Cited by18 opinions
- Poel v. . Brunswick-Balke-Collender Co.New York Court of Appeals · 1915
- Machinery Utilities Co. v. FryAppellate Division of the Supreme Court of the State of New York · 1928
- Watts v. Thomas Carter & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1924
- Eustathopoulo v. GillespieAppellate Division of the Supreme Court of the State of New York · 1926
- Smiley Steel Co. v. SchmollAppellate Division of the Supreme Court of the State of New York · 1922
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