Legal Opinion

Bristol v. . Hull

New York Court of Appeals

Decided February 26, 1901Published

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 1, 1899, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 1, 1899, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The trial judge having refused to submit to the jury the questions of waiver and of title to the property, and so directed a verdict for the respondent as to those questions, the appellants, upon this appeal, are entitled to the most favorable inferences deducible from the evidence, and all disputed facts are to…

1Opinion of the CourtBartlett, J.

Prior to July 1st, 1898, George Lambert, one of the original defendants, and whose administrator has been substituted pending the appeal to this court, recovered judgment against Millard F. Hoxon and Cornwall M. Uoxon, his father, in the Supreme Court for $1,079.49 damages and costs, and issued execution thereon to the sheriff of Essex county, who thereupon in the latter part of July, 1898, levied upon a stock of dry goods, which the plaintiff in this action alleged belonged to her and in which neither of the defendants had any interest.

The plaintiff having given the sheriff notice that he…

2Cases cited6 opinions

  1. Steele v. . BenhamNew York Court of Appeals · 1881
  2. Tilson v. . TerwilligerNew York Court of Appeals · 1874
  3. Erickson v. . QuinnNew York Court of Appeals · 1872
  4. Blaut v. . GablerNew York Court of Appeals · 1879
  5. First National Bank v. MoffattNew York Supreme Court · 1894

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