Allison v. Hubbard

100 N.Y.S. 1103 Court N.Y. App. Div. Decision date 1906-10-03 English

Contents

Majority

p. 1103

ALLISON, Respondent, v. HUBBARD, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

October 3, 1906.)

Headnote

Action by William Allison against Elmer 61. Hubbard.

Judgment ~affirmed, with costs.

KRUSE, J., dissents, upon the ground that it was error to charge as matter of law that the defendant was liable for conversion on account of the sale of the team of horses at the auction, unless the plaintiff consented thereto.