Hannan v. Cary — 145 N.Y.S. 1126

Majority

p. 1126

HANNAN, Appellant, v. CARY, Respondent.

(Supreme Court, Appellate Division, Fourth Department.

November 26, 1913.)

Headnote

Action by Edward J. Hannan against Thomas Cary.

Judgment and order affirmed, with costs. Rehearing denied, 145 N. Y. Supp. 1126. . .

KRUSE, P. J., and LAMBERT, J., dissent, upon the ground that there was such an unauthorized assumption of ownership over the house in question as amounted to a conversion. A specific demand of possession by plaintiff was not necessary under the circumstances.