Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

THOMASINA ADORFF, Respondent, v. ALBERT BECHTER and HARRIET BECHTER, Appellants.

Per Curiam:

Judgment affirmed, with costs.

GIEGERICH, J. (concurring.)

The pleadings in this action were oral, the plaintiff's complaint being "conversion." The testimony tended to show merely a breach of contract as to which there was a disputed question of fact, and the plaintiff recovered a judgment. The judgment contains no clause authorizing the arrest and imprisonment of the defendants and is, therefore, a judgment on contract only. The appellants' ground for reversal is substantially that, the complaint having set up a cause of action for conversion, no judgment in contract could be recovered. This would be true had the pleadings been written. In such a case a recovery can only be had for the cause of action set forth in the complaint, but where, as in the case at bar, the pleadings are oral, the court must resort to the testimony to determine the nature of the action, more than to the exact language of the complaint. Greenberg v. Angerman, 84 N.Y.S. 244; Cossel v. Altschul, 91 id. 1. The judgment herein must, therefore, be affirmed.

Judgment affirmed, with costs.

Use AI to get other relevant cases.

Comments

ADORFF v. BECHTER
(Jan 1, 1911)