Anderson v. McAleenan
New York Court of Common Pleas
Appeal from trial term. An action by Otis Anderson against Henry McAleenan for the conversion ■ of a diamond ring. Plaintiff delivered the ring to one Katen. The purpose of the delivery is disputed, plaintiff asserting that he let Katen take it to show to a couple of ladies, on hi^ express promise to return it the next day. Katen pawned the ring, and the pawnbroker transferred the pledge to defendant, also a pawnbroker.
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Appeal from trial term. An action by Otis Anderson against Henry McAleenan for the conversion ■ of a diamond ring. Plaintiff delivered the ring to one Katen. The purpose of the delivery is disputed, plaintiff asserting that he let Katen take it to show to a couple of ladies, on hi^ express promise to return it the next day. Katen pawned the ring, and the pawnbroker transferred the pledge to defendant, also a pawnbroker. It was not disputed the advances were made in good faith and never returned. The jury returned a verdict for plaintiff. From the judgment entered thereon defendant appeals.
1Opinion of the CourtLarremore, C. J.
The jury were correctly charged that if plaintiff delivered the diamond ring referred to in the complaint to Alexander Katen, with authority to exhibit it to a particular person, and to sell it to such person if the latter wished it, said Katen was not thereby given a power of disposition sufficiently broad to enable him to pledge said ring. The jury were further instructed that if Katen was given general power of sale and disposition of the ring, his pledging of it was within the scope of his legal authority, and that defendant would be entitled to hold the property as security for the sum…
2Cases cited3 opinions
- Cook v. . BarrNew York Court of Appeals · 1870
- Heilbronn v. McAleenanNew York Supreme Court · 1888
- Reich v. Mayor of New YorkNew York Court of Common Pleas · 1883
3Cited by3 opinions
- Smith v. MaineNew York Supreme Court · 1932
- McManus v. WoolvertonNew York Court of Common Pleas · 1892
- La Fetra v. GloverThe Superior Court of the City of New York and Buffalo · 1894