Piser v. Stearns
New York Court of Common Pleas
Appeal from á judgment of a justice of a district court. The plaintiff claimed to recover the value of an iron safe, sold to tbe defendants at. a stipulated price.
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Appeal from á judgment of a justice of a district court. The plaintiff claimed to recover the value of an iron safe, sold to tbe defendants at. a stipulated price. Tbe defence was, that the plaintiff had converted to his use an iron safe belonging to the defendants, and the possession of which they had parted with to Gross & Morass, under the following agreement, viz.: — • “ New Yoek, July 1st, 1854. ■ “ Received from Stearns & Marvin, one patent salamander safe, No.-, delivered to us this day, under a bargain for the sale thereof, and for which we have given onr note at six months for $80.…
1Opinion of the Court
■ JkNGEAHAM, First Judge.
The defendants in this case set up ii^their answer, by way of counter-claim to the plaintiff’s demand, a claim for damages for the non-payment for and conversion of an' iron safe, owned by the defendants, which the court below admitted, and gave judgment for the defendants for a balance thereon.
It can hardly be necessary to discuss the question whether, in a proper form of action, the defendants could recover from the plaintiff the safe referred to. It will be enough, for this case, to concede such right to the defendants; and I think the authorities sustain their…
2Cases cited2 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Drake v. CockroftNew York Court of Common Pleas · 1855
3Cited by5 opinions
- Merritt v. GouleyNew York Supreme Court · 1890
- Chambers v. LewisNew York Court of Common Pleas · 1860
- Slade v. MontgomeryAppellate Division of the Supreme Court of the State of New York · 1900
- Marshall v. CohenNew York Court of Common Pleas · 1895
- Thomson v. SandersNew York Court of Appeals · 1890