Commercial Credit Corp. v. Ednoris Silk Corp.

Appellate Division of the Supreme Court of New York

Commercial Credit Corp. v. Ednoris Silk Corp.

258 A.D. 123, 15 N.Y.S.2d 794, 1939 N.Y. App. Div. LEXIS 6377

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 1, 1939

StatusPublished

This text of 258 A.D. 123 (Commercial Credit Corp. v. Ednoris Silk Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commercial Credit Corp. v. Ednoris Silk Corp., 258 A.D. 123, 15 N.Y.S.2d 794, 1939 N.Y. App. Div. LEXIS 6377 (N.Y. Ct. App. 1939).

Pincite

Opinion

Per Curiam;.

Upon the present record the defendant failed to establish by a preponderance of the evidence that the plaintiff had exercised such dominion over the defendant’s property as to constitute a conversion. (Bishop v. Hendrick, 82 Hun, 323; affd. on [124]*124opinion below, 146 N. Y. 398; Gillet v. Roberts, 57 id. 28; Andrews v. Shattuck, 32 Barb. 396; Connah v. Hale, 23 Wend. 462.) However, in view of the fact that the testimony leaves many of the circumstances of the transaction in considerable obscurity, we think there should be a new trial on the defendant’s counterclaim at which there may be a fuller development of the facts.

The judgment on the defendant’s counterclaim against the plaintiff should be reversed and a new trial ordered thereon, with costs to the appellant to abide the event.

Present — Martin P. J., Townley, Untermyer, Cohn and Callahan, JJ.

Judgment on defendant’s counterclaim against the plaintiff unanimously reversed and a new trial ordered thereon, with costs to the appellant to abide the event. Settle order on notice.

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Per Curiam;.

Upon the present record the defendant failed to establish by a preponderance of the evidence that the plaintiff had exercised such dominion over the defendant’s property as to constitute a conversion. (Bishop v. Hendrick, 82 Hun, 323; affd. on [124]*124opinion below, 146 N. Y. 398; Gillet v. Roberts, 57 id. 28; Andrews v. Shattuck, 32 Barb. 396; Connah v. Hale, 23 Wend. 462.) However, in view of the fact that the testimony leaves many of the circumstances of the transaction in considerable obscurity, we think there should be a new trial on the defendant’s counterclaim at which there may be a fuller development of the facts.

The judgment on the defendant’s counterclaim against the plaintiff should be reversed and a new trial ordered thereon, with costs to the appellant to abide the event.

Present — Martin P. J., Townley, Untermyer, Cohn and Callahan, JJ.

Judgment on defendant’s counterclaim against the plaintiff unanimously reversed and a new trial ordered thereon, with costs to the appellant to abide the event. Settle order on notice.

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Bluebook (online)

258 A.D. 123, 15 N.Y.S.2d 794, 1939 N.Y. App. Div. LEXIS 6377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commercial-credit-corp-v-ednoris-silk-corp-nyappdiv-1939.

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