McCarthy v. McDermott
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the verdict of a jury, and from an order denying a motion for a new trial.
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Appeal from a judgment of this court entered upon the verdict of a jury, and from an order denying a motion for a new trial. The action was brought to recover damages for the taking of certain household furniture seized and sold by defendant, a city marshal, under an execution against the property of D. A. Skinnell, on March 7th, 1877. The plaintiff had purchased the property from Skinnell, February 1st, 1875, and the question submitted to the jury was whether this sale was fraudulent, and intended to hinder, delay or defraud the creditors of Skinnell, the vendor. The defendant's counsel…
1Opinion of the CourtJ. F. Daly, J.
[After stating the facts as above.]—The facts as to the alleged change of possession upon the sale of the furniture by Skinnell to the plaintiff were undisputed, and presented a question for the court to decide and to instruct the jury upon, under the statute. On February 1st, 1875, when the sale took place, the furniture was at 54 Clinton Place, where Skinnell and his wife carried on a boarding house, and the furniture sold was all the furniture used in the business. Plaintiff at that time had a residence in Brooklyn, keeping house and paying rent there, but Ms family lived at 54 Clinton…
2Cases cited2 opinions
- Randall v. ParkerThe Superior Court of New York City · 1849
- Betz v. ConnerNew York Court of Common Pleas · 1878
3Cited by2 opinions
- Carr v. JohnsonNew York Supreme Court · 1891
- Hoffman v. GundrumCity of New York Municipal Court · 1891