Confirm favorite deletion?
Property Keyed to Merrill
Cowen v. Pressprich
Facts
Stock-exchange brokers (Sellers) made an agreement to sell and deliver an Oregon Short Line Railroad bond to another group of brokers (Buyers). A third party gave Sellers an Oregon & California Railroad bond by accident. Sellers, unaware of the accident,had a messenger deliver the bond to Buyers’ office. In the office’s delivery room, there was a slot and a closed window. Adjacent to that slot and window, were Buyers’ employees inside a room. Once the Seller’s messenger placed the bond in the slot, the messenger immediately left the building. One of the buyers’ employees noticed that the bond was delivered by accident. Thereafter, the Buyer’s employee opened the window and gave the bond to an unidentified messenger, thinking it was Seller’s messenger. At that moment, the unidentified messenger took possession of the bond and did not returned it to Sellers. Sellers brought suit against Buyers for conversion alleging Buyers had an absolute duty to redeliver the bond to Seller. The lower court ruled in Sellers’ favor, and the New York Supreme Court Appellate Term affirmed the judgment with regards to the $25 in costs. However, the New York Supreme Court Appellate Division reversed the lower court, based on the lower court’s dissenting opinion of Justice Lehman inCowen.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.