Emerson v. Bleakley
New York Court of Appeals
Robert Grant, assignee of William Montgomery, brought this action, in the supreme court, against William Bleakley, Jr., Sheriff, &e., Jesse M. Emerson being substituted for plaintiff on his death.
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Robert Grant, assignee of William Montgomery, brought this action, in the supreme court, against William Bleakley, Jr., Sheriff, &e., Jesse M. Emerson being substituted for plaintiff on his death. The appellant relied on the following'facts.' On or about December 17, 1859, one Alfred Booth obtained a judgment in the supreme court, in Westchester county, against William Montgomery and William Garabrant for two thousand two hundred and sixty-eight dollars and thirty-eight cents, on two promissory notes made by them as “ Montgomery & Co.” On the 20th of the same month, 1859, Booth caused…
1Opinion of the CourtHunt, J.
The appellant claims a reversal of the judgment below, on the ground that this being an action of replevin, for a tortious taking of the property in question by the defendant from the possession of Grant, the action abated by the death of Grant, in whom the right of action existed. Grant died a year and a half before the trial occurred on which the present judgment was rendered; and the claim involves the invalidity of all the proceedings subsequent to his death. The appellant also claims that the existence of a verdict in favor of Grant, at the time of his death, places the plaintiff in no…
2Cases cited5 opinions
- Savage v. . BurnhamNew York Court of Appeals · 1858
- Clark v. SkinnerNew York Supreme Court · 1823
- Webbers' Executors v. UnderhillNew York Supreme Court · 1838
- De Peyster v. FerrersNew York Court of Chancery · 1844
- Sleght v. HartshorneNew York Supreme Court · 1806