Bruce v. Westervelt
New York Court of Common Pleas
Tras was an action of replevin, brought against the sheriff of the county of Hew York, for a printing press, valued at $1,000. The plaintiff claimed the property, as purchaser at a salé under five executions against the original owners, Piercy & Reed. This sale took place in October, 1846, and was conducted by the defendant’s predecessor in office.
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Tras was an action of replevin, brought against the sheriff of the county of Hew York, for a printing press, valued at $1,000. The plaintiff claimed the property, as purchaser at a salé under five executions against the original owners, Piercy & Reed. This sale took place in October, 1846, and was conducted by the defendant’s predecessor in office. In January, 1847, under another execution against the same debtors, the defendant levied upon and resold the press in question, on the ground that the former sale was void. The main issue in the case was, therefore, upon the question of the…
1Opinion of the CourtBy the Court. Daly, J.
The portion of Burnap’s testimony, to which the defendant excepted, was admissible. It was a part of the res gestee. It was proper to repel any presumption of fraud, and show that the agreement or understanding in respect to the manner of the sale was entered into in good faith.
The testimony received for the purpose of showing the mode of selling stereotype plates at the trade sale was unobjectionable. The impression taken from the plates, might be more satisfactory in guiding the judgment of buyers, than the inspection of the plates themselves. And the usual and customary mode of disposing…
2Cited by1 opinion
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