Legal Opinion · Dissent

I.C.C. Metals, Inc. v. Municipal Warehouse Co.

New York Court of Appeals

Decided July 1, 1980Published

1DissentJasen, J.

My disagreement with the majority stems from their conclusion that plaintiff is entitled to summary judgment on the theory of conversion absent any proof whatsoever that defendant converted the indium metal to its own use or the use of another. The plaintiff bailor having failed to demonstrate in an evidentiary manner an intentional act by the defendant bailee which worked to deprive the plaintiff of its property, the defendant should not be held liable for the conversion of the stored property.

Certainly, I would not dispute many of the legal premises as aptly articulated by the majority, to…

2Cases cited6 opinions

  1. Magnin v. . DinsmoreNew York Court of Appeals · 1877
  2. Procter & Gamble Distributing Co. v. Lawrence American Field Warehousing Corp.New York Court of Appeals · 1965
  3. Wamsley v. . Atlas Steamship Co.New York Court of Appeals · 1901
  4. Reichman v. Compagnie Generale TransatlantiqueNew York Court of Appeals · 1943
  5. Central School District No. 3 v. Insurance of North AmericaNew York Court of Appeals · 1978

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