Pettit v. King

New York Court of Appeals

Pettit v. King

1 Seld. Notes 208

DecidedDecember 31, 1853

StatusPublished

This text of 1 Seld. Notes 208 (Pettit v. King) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pettit v. King, 1 Seld. Notes 208 (N.Y. 1853).

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Opinion

In an action under the Code for the wrongful conversion of personal property, the plaintiff cannot recover, where it is stated in the defendant’s answer, and proved on the trial, that the defendant took and sold the property-rightfully, by virtue of a mortgage, and obtained on the sale a surplus, which he held as trustee for the plaintiff, and such surplus had been demanded before the action was commenced.

A claim against the trustee cannot be united in the same action with one for the wrongful conversion of property.

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In an action under the Code for the wrongful conversion of personal property, the plaintiff cannot recover, where it is stated in the defendant’s answer, and proved on the trial, that the defendant took and sold the property-rightfully, by virtue of a mortgage, and obtained on the sale a surplus, which he held as trustee for the plaintiff, and such surplus had been demanded before the action was commenced.

A claim against the trustee cannot be united in the same action with one for the wrongful conversion of property.

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Bluebook (online)

1 Seld. Notes 208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pettit-v-king-ny-1853.