Michalover v. Moses
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Marcus Moses, one of the marshals of the -city of Hew York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county -of Hew York on the 1st day of March, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 2d.day of March, 1897, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
"Williams, J.:
The action was for conversion. The personal property belonged to the plaintiff and one Riñes as copartners, who were equally interested therein.
The defendant, under an execution against Bines individually, took and sold the whole property and not merel/y Bines’ interest therein. This constituted a conversion of the plaintiff’s interest in the property. While the plaintiff might have taken and sold the undivided interest of Bines, and in that event might have delivered the whole property to the purchaser, yet the purchaser would have acquired title to only the interest of Bines,…
2Cases cited3 opinions
- Walsh v. AdamsNew York Supreme Court · 1846
- Atkins v. . SaxtonNew York Court of Appeals · 1879
- Bates v. JamesThe Superior Court of New York City · 1854
3Cited by1 opinion
- R. A. Myles & Co. v. A. D. Davis Packing Co.Alabama Court of Appeals · 1919