Phillips v. McNab
New York Court of Common Pleas
Appeal from city court, general term. Action by Mary Phillips against James B. McüSTab. The complaint alleged in substance that plaintiff in June, 1883, purchased from the defendant a suite of furniture, which was to be manufactured for her by him in the best manner and of the best material, and for which she was to pay $280; that at the time of making said purchase she signed a contract according to which she leased said furniture from one Scofield, paying therefor said sum…
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Appeal from city court, general term. Action by Mary Phillips against James B. McüSTab. The complaint alleged in substance that plaintiff in June, 1883, purchased from the defendant a suite of furniture, which was to be manufactured for her by him in the best manner and of the best material, and for which she was to pay $280; that at the time of making said purchase she signed a contract according to which she leased said furniture from one Scofield, paying therefor said sum of $280 in monthly installments; that on June 25, 1883, she accepted of said furniture, believing it to comply with her…
1Opinion of the CourtLarremore, C. J.
Although on the claim of conversion there is much immaterial matter in the complaint, yet it contains sufficient to make out a case of trover; and it was upon the motion of appellant’s counsel that plaintiff, under order of the court, elected to proceed upon such theory of action. Absolute, unqualified ownership is not necessary in order to authorize a person entitled to the possession of property to sue for its conversion. A person entitled to the temporary possession of chattels for a particular purpose may *527maintain such an action. Add. Torts, marg. p. 524, and cases cited in note. In the…
2Cited by3 opinions
- Simon v. SimonAppellate Division of the Supreme Court of the State of New York · 1899
- Katz v. DiamondAppellate Terms of the Supreme Court of New York · 1896
- Simon v. SimonAppellate Division of the Supreme Court of the State of New York · 1899