Swartz v. Rosseau

Appellate Terms of the Supreme Court of New York

Swartz v. Rosseau

112 N.Y.S. 1065

Appellate Terms of the Supreme Court of New York·Decided November 24, 1908·Published

Opinion

PER CURIAM.

The plaintiff has recovered a judgment for $126 against the defendant as damages for the alleged conversion of'certain shares of stock. The evidence showed that the stock fluctuated in value, but nowhere discloses what the value of the stock was at the time of the alleged conversion or within a reasonable time thereafter. This defect in proof requires the reversal of this judgment.

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

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PER CURIAM.

The plaintiff has recovered a judgment for $126 against the defendant as damages for the alleged conversion of'certain shares of stock. The evidence showed that the stock fluctuated in value, but nowhere discloses what the value of the stock was at the time of the alleged conversion or within a reasonable time thereafter. This defect in proof requires the reversal of this judgment.

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

Swartz v. Rosseau, 112 N.Y.S. 1065 (N.Y. Ct. App. 1908).

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