Cook v. Gross
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Max Gross, as marshal of the city of New York, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the plaintiff, rendered on the 13th day of November, 1900, upon the verdict of a jury awarding to the plaintiff nossession of certain chattels, with damages for their detention.
1Opinion of the Court
Hirschberg, J.:
The defendant as city marshal, and in obedience to lawful process in execution against the firm of Ackerly & Balcli, levied upon two barrels of whisky at the Clarendon Hotel, Coney Island. The hotel was then conducted by the firm under a liquor tax certificate in their name, and the whisky was in actual use by. them for sale at the bar. The plaintiff claims to be the owner of the whisky, and in this action of replevin he recovered judgment awarding him possession of it, and also the sum of fifty-one dollars and fifty cents damages for its detention.
The damages are based on an…
2Cases cited6 opinions
- Ludden v. HazenNew York Supreme Court · 1860
- Bonesteel v. FlackNew York Supreme Court · 1864
- Fish v. . BenedictNew York Court of Appeals · 1878
- Devlin v. O'NeillNew York Court of Common Pleas · 1875
- Costello v. HerbstAppellate Terms of the Supreme Court of New York · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bernadette, Joseph & Co. v. Van BurenAppellate Division of the Supreme Court of the State of New York · 1925
- Triple Cities Construction Corp. v. Byers Machine Co.New York Supreme Court · 1939
- Sinskie v. BrustAppellate Division of the Supreme Court of the State of New York · 1901
- Siegel v. Northern Boulevard & 80th Street Corp.Appellate Division of the Supreme Court of the State of New York · 1968
- Toro v. HornAppellate Terms of the Supreme Court of New York · 1915