Edgerly v. . Bush
New York Court of Appeals
Appeal from order of General Term of the Supreme Court, in the third judicial department, reversing a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 16 Hun, 80.) This action was brought for the alleged conversion of a span of horses.
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Appeal from order of General Term of the Supreme Court, in the third judicial department, reversing a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 16 Hun, 80.) This action was brought for the alleged conversion of a span of horses. The facts, as found by the referee, are as follows: One Stephen Baker was born in Lower Canada and resided there till 1873. In that year he went to Moriah, in Hew York, engaged there in business and resided there. While a resident of Moriah he executed to the plaintiff, a resident also of Moriah, on the 9th day of March,…
1Opinion of the Court
Folger, Ch. J.
This is an action for the conversion of chattels. It .is clear that if the plaintiff had the title to them, or the right to take immediate possession of them, the defendant exerted such dominion over them as was in law a conversion of them. It is also clear that the plaintiff had the title to the property by the laws of this State, and the right, to the immediate possession of it.
The defendant must make his defense, if he may at all, upon a title got hy Bromley from De Lisle, to which he has succeeded. De Lisle was a resident of Canada, and a trader dealing in ar tides like the…
2Cases cited6 opinions
- Green v. Van BuskirkSupreme Court of the United States · 1869
- Greenwood v. CurtisMassachusetts Supreme Judicial Court · 1810
- Taylor v. BoardmanSupreme Court of Vermont · 1853
- Bayard v. MalcolmNew York Supreme Court · 1806
- Grant v. M'LachlinNew York Supreme Court · 1809
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Hubbard v. . HubbardNew York Court of Appeals · 1920
- Greenville National Bank v. Evans-Snyder-Buel Co.Supreme Court of Oklahoma · 1900
- Commercial Credit Corp. v. Stan Cross Buick, Inc.Massachusetts Supreme Judicial Court · 1962
- Hornthal v. . BurwellSupreme Court of North Carolina · 1891
- Weissman v. Banque De BruxellesNew York Court of Appeals · 1930
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