Hess v. . Hess
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made March 15, 1889, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. An attachment is a complete justification to the party who obtains and levies thereunder even after it is vacated, where it was regularly issued, and not vacated because it was void or irregular.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made March 15, 1889, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. An attachment is a complete justification to the party who obtains and levies thereunder even after it is vacated, where it was regularly issued, and not vacated because it was void or irregular. (Day v. Bach, 87 N. Y. 50.) On appeal the questions raised will be decided on the theory that the case was tried on.…
1Opinion of the CourtAndrews, J.
The action is brought by the plaintiff as assignee of the firm of J. M. Hirschhorn & Co., under a general assignment for the benefit of creditors dated May 16, 1887, to recover for the alleged conversion by the sheriff of the city and county of New York, of certain goods and merchandise, part of the assigned property taken by him from the possession of the plaintiff after the assignment. The present defendants are indemnitors of the sheriff, who, after the commencement of the action, were substituted as defendants in place of the sheriff under section 1421 of the Code of Civil Procedure.
The…
2Cases cited3 opinions
- Day v. . BachNew York Court of Appeals · 1881
- Thurber v. . BlanckNew York Court of Appeals · 1872
- Rinchey v. . StrykerNew York Court of Appeals · 1863
3Cited by21 opinions
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- Skilton v. . CodingtonNew York Court of Appeals · 1906
- T. W. Warner Co. v. AndrewsCourt of Appeals for the Second Circuit · 1934
- Sabatino v. Thomas Crimmins Construction Co.New York Supreme Court · 1918
- Citibank, N.A. v. Bombshell Taxi LLC (In re Hypnotic Taxi LLC)United States Bankruptcy Court, E.D. New York · 2016
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