Walrath v. Richie
New York Supreme Court
Appeal by the plaintiff from a judgment of the Herkimer County Court, rendered on appeal from the judgment of the Justice’s Court. The facts are stated in the opinion.
1Opinion of the Court
*363By the Court,
Johnson, J.
This is an appeal from the judgment of the County Court of Herkimer county, reversing the judgment of a Justices’ Court.
The action was for the wrongful taking and selling hy the defendant of a mowing machine claimed by the plaintiff. The defendant was a constable, and took and sold the machine by virtue of an execution issued on a judgment against Isaac Walrath, a brother of the plaintiff.
The machine had been the property of Isaac, and the plaintiff, Jacob, claimed it by virtue of a purchase from Isaac. The question is, whether the bargain, as proved, gave the…
2Cases cited2 opinions
- Brabin v. . HydeNew York Court of Appeals · 1865
- Mattice v. AllenNew York Court of Appeals · 1867
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