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New Jersey Adamant Manufacturing Co. v. Barth

67 N.Y.S. 1078 Court N.Y. App. Term Decision date 1901-01-02 English

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p. 1078
NEW JERSEY ADAMANT MFG. CO. v. BARTH.
(Supreme Court, Appellate Term.
January 2, 1901.)

Headnote

Trover and Conversion—Value oe Property—Prooe—Necessity.
Where, in an action for converting lumber, all the amount claimed was not converted, and there was no evidence of the value of the part converted, a judgment for plaintiff will be reversed.
Appeal from municipal court, borough of Manhattan, Tenth district.
Action by the New Jersey Adamant Manufacturing Company against John C. Barth. From a judgment in favor of plaintiff, defendant appeals.
Beversed.
Argued before TBUAX, P. J., and SCOTT and DUGBO, JJ.
Lippmann & Buck, for appellant.
Phillips & Avery, for respondent.

As it did not appear that all of the boards were converted, and as there was no evidence of the number or value of the boards converted, the judgment is reversed, and a new trial is ordered, with costs to appellant to abide the event.