Farrington v. Payne

15 Johns. 431
New York Supreme Court·Decided October 15, 1818·Published·Cited by 7 cases

Opinion

Per Curiam.

In giving “judgment according as the very right of the case shall appear, without regarding any imperfection, omission, or defect in the proceedings, in mere matters of form,” we are authorised to disregard the mistake in the title of the statute, under which the justice acted.

As to the second objection, it is well settled, that a tortious taking is, in itself, a conversion, and no subsequent demand is necessary.

Judgment affirmed.

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Farrington v. Payne, 15 Johns. 431 (N.Y. Super. Ct. 1818).

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