Legal Opinion

Hoffman v. . Conner

New York Court of Appeals

Decided January 28, 1879PublishedCited by 27 opinions

Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 13 Hun, 541.) The nature of the action and the facts are set forth sufficiently in the opinion. The proper measure of damages was the market value of the goods when the alleged neglect of defendant was charged and interest.

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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 13 Hun, 541.) The nature of the action and the facts are set forth sufficiently in the opinion. The proper measure of damages was the market value of the goods when the alleged neglect of defendant was charged and interest. (N. Y. G. and T. Co. v. Flynn, 55 N. Y., 653; King v. Orser, 4 Duer, 431; Wehle v. Haviland, 69 N. Y., 448; Starkey v. Kelley, 50 id., 679; Beach v. R. and D. R. R. Co., 37 id., 457, 470;…

1Opinion of the CourtEarl, J.

This is an action against the defendant, form crly sheriff of the city and county of Hew York, for a false, return of an execution. An action had been commenced by Charles Hoffman against this plaintiff to recover the possession of certain specific personal property, and the property had been taken from this plaintiff', and delivered to him. That action was brought to trial, and resulted in a judgment for this plaintiff, that she recover the property or its value, and damages for its detention. Upon that judgment an execution was issued to the defendant, commanding him to take the property…

2Cases cited1 opinion

  1. Campbell v. . WoodworthNew York Court of Appeals · 1859

3Cited by27 opinions

  1. Parmenter v. . FitzpatrickNew York Court of Appeals · 1892
  2. Hangen v. . HachemeisterNew York Court of Appeals · 1889
  3. Huntington v. . AttrillNew York Court of Appeals · 1890
  4. People ex rel. New York Stock Exchange Building Co. v. CantorAppellate Division of the Supreme Court of the State of New York · 1927
  5. Dows v. . KidderNew York Court of Appeals · 1881

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