Simar v. Shea
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John L. Shea, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the. 3d day of February, 1902, upon the verdict of a jury rendered after a trial at the New York Trial Term.
1Opinion of the Court
Patterson, J.:
This is an action for the conversion of personal property, consisting of wines and brandies, of which the plaintiff claimed that he was the owner. The complaint contains the allegations appropriate such an action, and the answer of the defendant Shea, who alone defended, is a general denial. At the trial, under that general denial, the defendant sought to prove title in a third person, which he might properly do. (Hurst v. Cook, 19 Wend. 463 ; Robinson v. Frost, 14 Barb. 536; Griffin v. Long Island R. R. Co., 101 N. Y. 348.) The material facts are the following: Chaigneau & Co.,…
2Cases cited4 opinions
- Griffin v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Robinson v. FrostNew York Supreme Court · 1853
- Hurst v. CookNew York Supreme Court · 1838
- Simar v. ParisAppellate Division of the Supreme Court of the State of New York · 1900