Rosen v. Brodskey

Appellate Terms of the Supreme Court of New York

Rosen v. Brodskey

26 Misc. 816, 57 N.Y.S. 99

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 15, 1899

StatusPublished

This text of 26 Misc. 816 (Rosen v. Brodskey) 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

Rosen v. Brodskey, 26 Misc. 816, 57 N.Y.S. 99 (N.Y. Ct. App. 1899).

Pincite

Opinion

Freedman, P. J.

The complaint in this action was for a conversion and the answer a general denial. The case contains conflicting evidence and seems to have been tried by both parties more in the nature of an accounting than otherwise, but the judgment for the defendant is clearly right, because no recovery upon a cause of action founded upon contract could be had under the pleadings and the testimony wholly failed to establish conversion.

Judgment should be affirmed, with costs.

MaoLean and Leventeitt, JJ., concur.'

Judgment affirmed, with costs.

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Freedman, P. J.

The complaint in this action was for a conversion and the answer a general denial. The case contains conflicting evidence and seems to have been tried by both parties more in the nature of an accounting than otherwise, but the judgment for the defendant is clearly right, because no recovery upon a cause of action founded upon contract could be had under the pleadings and the testimony wholly failed to establish conversion.

Judgment should be affirmed, with costs.

MaoLean and Leventeitt, JJ., concur.'

Judgment affirmed, with costs.

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Bluebook (online)

26 Misc. 816, 57 N.Y.S. 99, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosen-v-brodskey-nyappterm-1899.