Legal Opinion

Cooper v. Kipp

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1900PublishedCited by 16 opinions

Appeal by the defendant, John Kipp, from a judgment of the Municipal Court of the city of Mew York, borough of Brooklyn, fifth district, in favor of the plaintiff, rendered on the 6th day of March, 1900. ‘ -

1Opinion of the Court

Willard Bartlett, J. :

This action was originally brought to recover damages for the wrongful conversion of a wagon, valued at $125. The defendant interposed a general denial and a counterclaim for $63 alleged to be due on a contract for repairs which had been made to,the wagon in suit at the request of the plaintiff, while the vehicle was still in the possession and under the control of the defendant. The return states that upon the day of trial the complaint was amended by consent “ to he either for the recovery of the chattel, or in default thereof for its value.” The court rendered…

2Cases cited2 opinions

  1. Carpenter v. . Manhattan Life Ins. Co.New York Court of Appeals · 1883
  2. Ter Kuile v. MaralandNew York Supreme Court · 1894

3Cited by16 opinions

  1. McCormick Harvesting Machine Co. v. HillMissouri Court of Appeals · 1904
  2. Scognamillo v. PassarelliAppellate Division of the Supreme Court of the State of New York · 1913
  3. Arter v. JacobsAppellate Division of the Supreme Court of the State of New York · 1929
  4. Sturman v. PolitoRochester City Court · 1936
  5. McNell-Randolph Holstein Farms, Inc. v. McNellAppellate Division of the Supreme Court of the State of New York · 1924

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