McCarthy v. McCabe
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff,. George McCarthy, fro a judgment of the County Court of the county of Franklin, entered in the office of the clerk of said county on the 22d day of September^, 1908, affirming a judgment of a Justice’s Court in favor of the defendant.
1Opinion of the Court
Sewell, J.:
The action was brought to recover damages for the| alleged conversion of a quantity of potatoes taken by George' ^'/"ilson, a constable, under and by virtue of an execution issued agáinst the property of the plaintiff.- The evidence disclosed that th4 plaintiff was *397a householder having a family for which he provided; that on the 22d of November, 1907, he was the owner of about 125 bushels of potatoes which he had provided for family use, and that on that day the constable levied upon the potatoes and drew away about one-half of them with teams and drivers hired from the defendant.…
2Cases cited1 opinion
- Wyllie v. . PalmerNew York Court of Appeals · 1893
3Cited by4 opinions
- In re the Estate of LivingstonNew York Surrogate's Court · 1961
- Van Gorder v. Eastchester Estates, Inc.New York Supreme Court · 1955
- Di Salvo v. M. Larkin & Son, Inc.Appellate Terms of the Supreme Court of New York · 1913
- Friedman v. James F. Scholes Co.Appellate Division of the Supreme Court of the State of New York · 1910