Mann v. Witbeck
New York Supreme Court
This was an action against the defendant, sheriff of Benssel'aer county; for wrongfully detaining twenty one barrels of pork, 14 half barrels of pork, ten hogsheads of vinegar, 23 bagged shoulders, ten barrels of clover seed and ten empty kegs.
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This was an action against the defendant, sheriff of Benssel'aer county; for wrongfully detaining twenty one barrels of pork, 14 half barrels of pork, ten hogsheads of vinegar, 23 bagged shoulders, ten barrels of clover seed and ten empty kegs. It appeared that tké defendant levied on and took the property under several different executions against Charles Fales and Francis A. Fales ; that Charles and Francis A. Fales had been partners in business previous to the 1st of October, 1849, when Francis A. sold out all his interest to Charles, who took all the partnership property and effects, and…
1Opinion of the Court
By the Court, Parker, J.
It is objected that there was no sufficient delivery of the property or change of possession under the assignment as against the execution creditors of the assignor. This objection involves questions of fact, the decision of which is devolved by the statute exclusively upon the jury, and in regard to which the verdict of a jury will not be disturbed, unless clearly and palpably wrong: and when a cause is tried by the *391judge without a jury, the same rule is applicable. But I think the proof on this subject entirely satisfactory. There was proved to have been an immediate…
2Cases cited4 opinions
- Hennessy v. Western BankSupreme Court of Pennsylvania · 1843
- Vernon & Averill v. Morton & SmithCourt of Appeals of Kentucky · 1839
- Von Horne v. CrainNew York Court of Chancery · 1829
- Whitney v. KrowsNew York Supreme Court · 1851
3Cited by7 opinions
- Clark v. DalesNew York Supreme Court · 1855
- State v. Yellow Jacket Silver Mining Co.Nevada Supreme Court · 1868
- Quint v. Ophir Silver Mining Co.Nevada Supreme Court · 1868
- Langdon v. ThompsonSupreme Court of Minnesota · 1879
- Sprague v. WebbAppellate Division of the Supreme Court of the State of New York · 1915
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