Van Dewater v. Gear
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Samuel W. Gear and others, from a judgment of the County Court of Queens county in favor of the plaintiff, entered in the office of the clerk of the county 'of Queens on the 16th day of March, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 13th day of March, 1897, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
The plaintiff brought.this action to recover damages for the conversion of certain articles of personal property. The property in question was seized and sold by the defendant Gear, a constable, who claimed to justify such act by virtue of an attachment issued against the owner of the property. After the seizure, and while Gear was in possession, the owner of the property transferred title to the same to the plaintiff by a written bill of sale. The plaintiff thereupon demanded possession of the goods from Gear, and forbade a sale.’ There is no dispute but that one Shire was the…
2Cases cited5 opinions
- Weaver v. . BardenNew York Court of Appeals · 1872
- Moses v. . McDivittNew York Court of Appeals · 1882
- Dyett v. . HymanNew York Court of Appeals · 1891
- Beaty v. SwarthoutNew York Supreme Court · 1860
- McKinley v. . BoweNew York Court of Appeals · 1884
3Cited by8 opinions
- Elliott Associates, L.P. v. Banco De La Nacion and the Republic of PeruCourt of Appeals for the Second Circuit · 1999
- Starke v. WannemacherNorth Dakota Supreme Court · 1916
- Benedict v. Guardian Trust Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Sather Banking Co. v. HartwigNew York Supreme Court · 1898
- Sloan v. National Surety Co.Appellate Division of the Supreme Court of the State of New York · 1906
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