Frischman v. Mandel
Appellate Terms of the Supreme Court of New York
Appeal from a judgment rendered in the Municipal Court, fourth district, borough of Manhattan, in favor of the plaintiffs and against the defendants.
1Opinion of the CourtFreedman, P. J.
This action is in replevin, and the plaintiffs recovered a judgment against the defendant Fetterer, for the recovery of the possession of two suits of parlor furniture, or in case a return of the property could not be had, the value thereof, amounting to $67.50.
The defendant Mandel was not served with process, and did not appear in the case. The pleadings were oral, but the affidavit upon which the requisition in this action was granted, and which is required by the statute in actions of this kind, does not allege a wrongful taking of the property in question, and only alleges á wrongful…
2Cited by1 opinion
- Hochberger v. BaumAppellate Terms of the Supreme Court of New York · 1903