Lawatsch v. Cooney
New York Supreme Court
Appeal from circuit court, Ulster county. Action by Anthony H. Lawatsch against John J. Cooney for alleged wrongful conversion of a draft for the sum of $1,000, payable to the order of plaintiff, defendant, and another. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, made on the minutes, defendant appeals.
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Appeal from circuit court, Ulster county. Action by Anthony H. Lawatsch against John J. Cooney for alleged wrongful conversion of a draft for the sum of $1,000, payable to the order of plaintiff, defendant, and another. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, made on the minutes, defendant appeals. The complaint, verified January 9, 1889, was as follows: “(1) That he was and is the owner of certain premises situate on the southerly side of Union avenue, in the city of Kingston, N. Y., which he improved, and on which he…
1Per curiam
The evidence was such that the jury could properly find that plaintiff was part owner of the draft described in the complaint. The parties had agreed upon the amount of his interest therein, and that the draft should be delivered to Brinnier, to collect and divide the proceeds; and on the faith of that agreement plaintiff had indorsed the draft. Afterwards the defendant wrongfully obtained possession of the paper with plaintiff’s indorsement thereon, claimed to be the sole owner, and denied that plaintiff had any' interest therein. We think defendant’s action was such a wrongful appropriation…
2Cases cited8 opinions
- Decker v. . MathewsNew York Court of Appeals · 1855
- Murray v. BurlingNew York Supreme Court · 1813
- Osborn v. . SchenckNew York Court of Appeals · 1880
- Lobdell v. . StowellNew York Court of Appeals · 1872
- Channon v. LuskNew York Supreme Court · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Pawson v. MillerAppellate Division of the Supreme Court of the State of New York · 1901
- Warner v. CecilAppellate Terms of the Supreme Court of New York · 1914