Sternwald v. Siegel
New York Court of Common Pleas
Appeal from trial term. Action by John Sternwald against Solomon H. Siegel and Jacob Kulla to recover damages for trespass, in causing plaintiff’s store to be entered, and its contents carried away, and plaintiff’s business to be destroyed. The defense was that the store was entered and the contents levied on under an execution issued on a judgment recovered by defendants, and that the judgment debtor was the owner of the store and its contents at the time of the levy.
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Appeal from trial term. Action by John Sternwald against Solomon H. Siegel and Jacob Kulla to recover damages for trespass, in causing plaintiff’s store to be entered, and its contents carried away, and plaintiff’s business to be destroyed. The defense was that the store was entered and the contents levied on under an execution issued on a judgment recovered by defendants, and that the judgment debtor was the owner of the store and its contents at the time of the levy. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial made on the…
1Opinion of the CourtBischoff, J.
After both sides had concluded their introduction of evidence, and when the cause was about to be submitted to the jury, it appeared that plaintiff had accepted the transfer to him of the judgment debtor’s store and its contents before the seizure thereof and levy thereon by the marshal to whom the execu.*376tian was directed, without further consideration than his oral promise to discharge certain specific demands against the judgment debtor, which aggregated $500; and plaintiff’s recovery, in this action is now assailed upon the ground that the promise to pay the demands was within the statute…
2Cases cited6 opinions
- White v. . RintoulNew York Court of Appeals · 1888
- Platner v. . PlatnerNew York Court of Appeals · 1879
- Cruikshank v. . GordonNew York Court of Appeals · 1890
- Dyett v. . HymanNew York Court of Appeals · 1891
- Myers v. CohnNew York Court of Common Pleas · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- St. Louis S. F. R. Co. v. DavisSupreme Court of Oklahoma · 1913
- Eckensberger v. AmendNew York Court of Common Pleas · 1894
- Griffith v. Staten Island R. T. RailroadNew York Supreme Court · 1895