Yenni v. . McNamee
New York Court of Appeals
Appeal from the judgment of the General Term of the Supreme Court, in the second judicial district, affirming the judgment of the Special Term in favor of defendant. This action was brought to recover 123 barrels of petroleum oil taken by the defendant. The answer sets up that the oil was the property of one Stokes, and had been taken by the defendant, as sheriff of Kings county, on execution, to satisfy two judgments, recovered by the Oneida County Bank against Stokes.
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Appeal from the judgment of the General Term of the Supreme Court, in the second judicial district, affirming the judgment of the Special Term in favor of defendant. This action was brought to recover 123 barrels of petroleum oil taken by the defendant. The answer sets up that the oil was the property of one Stokes, and had been taken by the defendant, as sheriff of Kings county, on execution, to satisfy two judgments, recovered by the Oneida County Bank against Stokes. On the 6th of December, 1866, Stokes, the judgment debtor, was the owner of and carried on an oil refinery in Brooklyn. W.…
1Opinion of the CourtGrover, J.
There was a valid levy of the execution made upon the oil in question. There was nothing for the jury to pass upon in respect to that. The proof was undisputed that the deputy sheriff, after receiving the execution, proceeded with it to the oil works, where the oil was in plain view and subject to his control, and there openly, in, presence of the persons having the care of it, asserted that he levied the execution thereon, and forbade its removal, and that he subsequently made an inventory thereof. These acts were sufficient to constitute a levy. (Barker v. Benninger, 14 N. Y., 270.) The…
2Cases cited1 opinion
- Barker v. . BinningerNew York Court of Appeals · 1856
3Cited by17 opinions
- Sayward v. ThayerWashington Supreme Court · 1894
- Conrad v. FisherMissouri Court of Appeals · 1889
- American Can Co. v. Erie Preserving Co.Court of Appeals for the Second Circuit · 1910
- Sayward v. NunanWashington Supreme Court · 1893
- American Can Co. v. Erie Preserving Co.U.S. Circuit Court for the District of Western New York · 1909
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