Gandy v. Collins
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John J. Collins, sheriff, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Richmond on the 22d day of January, 1913, upon the decision of the court, a jury having been waived. Judgment affirmed, with costs, on the opinion of Mr. Justice Kelly at Trial Term.
1Opinion of the Court
Jenks, P. J., Thomas, Carr, Rich and Putnam, JJ., concurred.
The following is the opinion delivered at Trial Term:
Kelly, J.:
In this action I find for the plaintiff. It appears that at the time the fifteen cars, title to which is in dispute, were taken in replevin by the defendant in the action of the Franklin Trust Company of Philadelphia against Brubaker, the trust company had no legal title to the cars, and had never been in possession of them. The cars were in the possession of G. S. "W. Brubaker & Company, a New York corporation, which had the legal title and possession from the date of…
2Cases cited2 opinions
- Duncomb v. . N.Y., H. N.R.R. Co.New York Court of Appeals · 1881
- National Bank of Deposit v. RogersAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- In re the Estate of KiamieNew York Court of Appeals · 1955
- Fullerton v. Northern BankAppellate Division of the Supreme Court of the State of New York · 1918