Lehman v. Mayer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Lewis Mayer, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 31st day of October, 1901, denying the defendant’s motion to vacate an execution issued against his person.
1Opinion of the Court
Laughlin, J.:
• This action was brought to recover thirty-seven cases of Connecticut leaf tobacco. The complaint alleges that the defendant, after taking the chattels into his actual possession, “ has concealed, removed or disposed of said chattels so that they cannot be found or taken by the sheriff under the requisition issued to him herein, and with intent that the same should not be so found or taken.” The answer is a general denial. The defendant defaulted on the trial. The plaintiff proved his case as alleged and the court made a decision containing separate findings of fact. The court…
2Cases cited1 opinion
- Steamship Richmond Hill Co. v. SeagerAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- In re SchefflerDistrict Court, W.D. New York · 1932
- Merriam v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1906