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178 A.D. 333

Groves v. Warren

Appellate Division of the Supreme Court of the State of New York · decided 1917-05-02

Appeal by the plaintiff, George W. Groves, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Tioga on the 6th day of October, 1916, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case. On December 10, 1915, the plaintiff as party of the first part made a written contract with the defendant as party of the second part to said contract.

Decided 1917-05-02

Kellogg, P. J.

¶1(dissenting):

¶2It is immaterial who had the legal title to the goods. Each party had an interest in them as they were in the store, and *338neither had a right to remove them without the consent of the other.

¶3The defendant, having received the entire purchase price except $650, forcibly put the plaintiff out of the store and with force removed the goods therefrom to a place or places unknown to the plaintiff. The goods so removed inventoried $2,400. Clearly this was a wrongful taking from the plaintiff of property in which he was interested, and deprived him of his beneficial interest therein and made the defendant liable for conversion unless he could justify the removal. The decision of the case depends upon the facts to be found by the jury. I, therefore, favor reversal.

¶4Woodward, J., concurred.

¶5Judgment affirmed, with costs.

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