Roehm v. Blanchard — 31 N.Y. St. Rep. 55

Majority

p. 55

Joseph Roehm et al., Resp’ts, v. William L. Blanchard, App’lt.

(Supreme Court, General Term, Fifth Department,

Filed April 11, 1890.)

Headnote

Conversion—Facts necessary to sustain judgment.

Where in an action for conversion there is no finding of the title of the property, nor of the right of possession in plaintiffs, nor of any wrongful taking or withholding of the same by defendants, a judgment for plaintiffs cannot stand.

Appeal from a judgment entered on the report of a referee.

JD. P. Hodson, for app’lt; A. Moot, for resp’ts.

The judgment in this case can not stand for want of findings of fact to support it.

The action was for the conversion of a quantity of merchandise. There is no finding of the title of the property nor of the right of possession in the plaintiffs; nor of any wrongful taking or withholding of the same by the defendant.

There is some recital of evidence in the form of conversations between the parties, and some narrative of collateral circumstances in the case, but no finding upon any issuable fact except that of demand and refusal.

The conclusion of law that the defendant converted the property to his own use is not supported by the findings of fact,

Bor this reason, without considering the merits of the action, the judgment must be reversed and.a new trial granted.

Judgment reversed and a new trial granted before another referee , with costs of the appeal to abide the event.

Dwight, P. J., Macomber and Corlett, JJ., concur.