Kuhlman v. Orser
The Superior Court of New York City
Motion, on the part of the plaintiff, for judgment, on a verdict in Ms favor, taken subject to the opinion of the court, at General Term. The action was brought for the delivery of the possession of certain goods and merchandise, consisting of wines, Cologne water, and linen pocket-handkercMefs, valued in the complaint at $1,000, wMch the complaint alleged that the defendant had wrongfully taken, and wrongfully detained.
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Motion, on the part of the plaintiff, for judgment, on a verdict in Ms favor, taken subject to the opinion of the court, at General Term. The action was brought for the delivery of the possession of certain goods and merchandise, consisting of wines, Cologne water, and linen pocket-handkercMefs, valued in the complaint at $1,000, wMch the complaint alleged that the defendant had wrongfully taken, and wrongfully detained. The answer denied the wrongful taking and detainer, and set up, as a justification, that the defendant, acting as sheriff of the city and county of Few York, under two…
1Opinion of the CourtBy the Court. Duer, J.
We think that the plaintiff upon several grounds (all of which, however, it will not be necessary to state) is entitled to judgment upon the verdict.
We can see no reason for doubting that the defendant is concluded, by his certificate and return in the action against Turner & Sohmulling, from denying any of the facts, which the certificate asserts, expressly, or by a necessary implication. He is, therefore, concluded from denying that, under the proceedings in that action, he took the goods from the possession of the defendants Turner & Schinulling, and delivered them into the possession of…
2Cases cited1 opinion
- Brownell v. CarnleyThe Superior Court of New York City · 1854
3Cited by12 opinions
- O'Brien v. Mechanics' & Traders' Fire InsuranceNew York Court of Appeals · 1874
- Clarke v. . GoodridgeNew York Court of Appeals · 1869
- Greenleaf v. MumfordNew York Supreme Court · 1865
- Read v. WorthingtonThe Superior Court of New York City · 1862
- Wilson v. DuncanThe Superior Court of New York City · 1860
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