Hawk v. Thorn

New York Supreme Court

Decided June 7, 1869

New York Supreme Court · decided 1869-06-07

APPEAL by the defendants from an order made at a special term, overruling a demurrer to the complaint.

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Decided 1869-06-07

How this case has been cited

Cited by 3 later decisions — most recently May 1897

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Cardozo, J.

¶1The objections raised in' this case are not tenable. When a person has unlawfully taken possession of another’s property, the tort may be waived, and an action brought for its value. Such a cause of action is *169assignable. Both causes of action set forth in the complaint are founded on contract, the first express, and the other implied by law, and are properly joined.

[New York General Term,June 7, 1869.

¶2The order below was right, and should be affirmed with costs.

Geo. G. Barnard, J.

¶3The demurrer was properly disposed of. The complaint shows that both causes of- action arose on contract. They could therefore be properly assigned.

¶4Judgment should be given for the plaintiff, with costs.

¶5Clerke, P. J., concurred.

¶6Order affirmed.

¶7Clerke, Cardozo and Geo. G. Barnard, Justices.]