7 Johns. 254 | N.Y. Sup. Ct. | 1810
The only point made in this case is, whether there was sufficient evidence of a conversion to justify the verdict.
There were declarations and acts of the defendant united to form a control over the plaintiff’s property. The very denial of goods to him that has a right to demand them, says Lord Holt, in Baldwin v. Cole, (6 Mod. 212.) is a conversion ; for what is a conversion but an assuming upon one’s self the property and right of disposing of another’s goods ? And he that takes upon himself to detain another man’s goods from him without a cause, takes upon hSmse the .right of disposing of them. The bare denial to deliver is "not always a conversion, as in Thimblethorpé’s case, (cited in 2 Bulst. 310. 314.) where a piece of timber was left upon the land of the defendant by the lessee at the expira» tion of his term, and he was requested to deliver it and refused, but suffered the timber to lie without intermeddling with it. The reason why this was held not to be a conversion was, that there was no act done or dominion exercised ; but in the present case there were the highest and most unequivocal acts of dominion and control over the property; not only by claiming jurisdiction over it, but in placing armed men near it, to prevent its removal. This fact js, of
We are, therefore, of opinion, that the motion to set aside the verdict must be denied.
1~iotion denied