Black and Boyd Mfg. Co., Inc. v. Grand First St.

Full title: BLACK AND BOYD MANUFACTURING COMPANY, INC., Appellant, v. GRAND AND FIRST…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 1, 1933

240 App. Div. 766 (N.Y. App. Div. 1933)

Opinion

July, 1933.

Present — Lazansky, P.J., Kapper, Hagarty, Carswell and Tompkins, JJ.

Order setting aside verdict and granting a new trial unanimously affirmed, with costs. The action is plainly one for conversion, and the rule of damages is well settled in such a case. The decision of this court in American Stove Company v. Weisberg-Goldman Corp. ( 238 App. Div. 788, decided February 10, 1933) awarded damages in a similar case on the basis of the value of the converted chattels at the time of the conversion.