Watson & Pittinger v. Hoboken Planing Mills Co.
Appellate Division of the Supreme Court of the State of New York
, Appeal from Special Term, Kings County. Action by Watson & Pittinger against the Hoboken Planing Mills Company and the Long Island Railroad Company. From an order on motion of the Railroad Company vacating a sale of personal property and directing a resale, plaintiff appeals. Reversed.
1Opinion of the CourtJenks, P. J.
Under plaintiff’s execution for $319.23 the sheriff levied upon certain lumber consigned to the defendant, but in possession of the Long Island Railroad as common carrier, which asserted a carrier’s lien upon the lumber for $405.99. At the auction sale under the levy the lumber was struck down to a representative of the carrier upon a bid of $406.99. The carrier refused to complete its purchase because the sheriff would not credit the amount of its lien upon_ its bid, but insisted upon a cash payment of the entire sum. Some time thereafter the carrier moved at Special Term to vacate the sale…
2Cases cited3 opinions
- Continental Insurance v. ReeveAppellate Division of the Supreme Court of the State of New York · 1909
- Rowe v. GrangerAppellate Division of the Supreme Court of the State of New York · 1907
- Campbell v. . ConnerNew York Court of Appeals · 1877