Farrell v. Stuart
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action in replevin by William A. Farrell aerainst John G. Stuart, the Bronx Fireproof Storage, Incorporated, and the Keeler. Art Galleries. From the judgment for plaintiff, defendant Keeler Art Galleries appeals. Reversed and remanded.
1Opinion of the CourtHendrick, J.
[1] Appellant is aggrieved by a judgment sustaining the act of plaintiff in taking from its possession certain chattels. One of the points urged by appellant is that the chattels were defectively described in the replevin proceedings, and if this were an appeal from an order denying a motion to vacate the writ the point would require consideration. But the officer found the right property and took it into his possession. It is now in plaintiff’s possession under the judgment. It seems to me, therefore, that the questions decided in Devoe et al. v. Selig et al., 25 Misc. Rep. 411, 54 N. Y.…
2Cases cited3 opinions
- Galen v. . BrownNew York Court of Appeals · 1860
- Schwietering v. RothschildAppellate Division of the Supreme Court of the State of New York · 1898
- Devoe v. SeligCity of New York Municipal Court · 1898