Legal Opinion
D'Aprile v. Turner-Looker Co.
New York Court of Appeals
Decided February 25, 1925PublishedCited by 12 opinions
1Opinion of the CourtCardozo, J.
The action is in tort for the conversion of the plaintiffs property.
A sale of ten barrels of whisky was made by the defendant to the plaintiff in May, 1918. The seller brought action for the price, and the buyer resisted on the ground that title had not passed. The courts held to the contrary (Turner-Looker Co. v. Aprile, 234 N. Y. 517), and judgment for the price was entered. In the meantime, however, the whisky had been sold. The bonded warehouse receipts, retained by the seller when the action was begun, were delivered to a new buyer while the case was in the courts. This fact came out…
2Cases cited6 opinions
- Dustan v. . McAndrewNew York Court of Appeals · 1870
- Van Brocklen v. . SmeallieNew York Court of Appeals · 1893
- Mason v. . DeckerNew York Court of Appeals · 1878
- Tuthill v. . SkidmoreNew York Court of Appeals · 1891
- Urbansky v. KutinskySupreme Court of Connecticut · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Atlantic City Tire & Rubber Corp. v. Southwark Foundry & MacHine Co.Supreme Court of Pennsylvania · 1927
- Akron Brick & Block Co. v. Moniz Engineering Co., Inc.Massachusetts Supreme Judicial Court · 1974
- Higgins v. California Prune & Apricot Growers, Inc.Court of Appeals for the Second Circuit · 1926
- Contractor & Mining Service & Supply, Inc. v. H & M Tractor & Bearing Corp.Court of Appeals of Arizona · 1966
- Amtorg Trading Corp. v. Miehle Printing Press & Mfg. Co. of DelawareDistrict Court, S.D. New York · 1952
7 more not listed; retrieve them via the Exa API.