Fischer v. Hetherington
The Superior Court of the City of New York and Buffalo
Appeal from jury term. Action by Benedickt Fischer and others against James Hetherington and others for conversion. From a judgment entered on a verdict in favor of plaintiffs, and from an order denying a motion for a new trial, defendants appeal. ' Reversed.
1Opinion of the CourtSedgwick, C. J.
The action was for the taking and conver_ sion of plaintiffs’ goods. The plaintiffs were, according to the evidence, assignees—or, rather, purchasers—of the goods, from the former owner, one James Fitzgerald. The defendant Hetherington, soon after the assignment, brought action against Patrick Fitzgerald, in a district court, to recover a certain sum of money. The summons named Patrick Fitzgerald, without more, as defendant. Service of this was made upon James Fitzgerald. In fact, James Fitzgerald owed the debt sued for in the action in the district court. James Fitzgerald did not appear in…
2Cases cited6 opinions
- Welsh v. . CochranNew York Court of Appeals · 1875
- Farnham v. HildrethNew York Supreme Court · 1860
- Averill v. Williams & SageNew York Supreme Court · 1847
- Waterbury v. MatherNew York Supreme Court · 1837
- Crandall v. BeachNew York Supreme Court · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Durst v. ErnstAppellate Terms of the Supreme Court of New York · 1904
- Quattrone v. SimonCity of New York Municipal Court · 1913
- Grossman v. Loeber Hair Co.City of New York Municipal Court · 1915