Beggs v. Eidlitz

Appellate Terms of the Supreme Court of New York

Beggs v. Eidlitz

33 Misc. 763, 67 N.Y.S. 917

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 15, 1900

StatusPublished

This text of 33 Misc. 763 (Beggs v. Eidlitz) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Beggs v. Eidlitz, 33 Misc. 763, 67 N.Y.S. 917 (N.Y. Ct. App. 1900).

Pincite

Opinion

Per Curiam.

At the time of the sale of the chattel in question the plaintiff was not the owner thereof, and the facts established upon the trial were, therefore, insufficient to constitute a conversion. It is substantially undisputed that the title to the chattel was not to pass until the purchase price was paid, and the defendant, under the circumstances disclosed, acted clearly within his rights. The merits of this controversy seem to be entirely with the defendant, and the judgment for the plaintiff being without evidence to support it must be reversed.

Present: Beekman, P. J., Giegerich and O’Gorman, JJ.

Judgment reversed and new trial ordered, with costs to appellant to abide event.

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Per Curiam.

At the time of the sale of the chattel in question the plaintiff was not the owner thereof, and the facts established upon the trial were, therefore, insufficient to constitute a conversion. It is substantially undisputed that the title to the chattel was not to pass until the purchase price was paid, and the defendant, under the circumstances disclosed, acted clearly within his rights. The merits of this controversy seem to be entirely with the defendant, and the judgment for the plaintiff being without evidence to support it must be reversed.

Present: Beekman, P. J., Giegerich and O’Gorman, JJ.

Judgment reversed and new trial ordered, with costs to appellant to abide event.

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Bluebook (online)

33 Misc. 763, 67 N.Y.S. 917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beggs-v-eidlitz-nyappterm-1900.