Sperry v. Hellman
New York Court of Common Pleas
Appeal from city court, general term. Action by Howard A. Sperry against Theodore Heilman and others on an undertaking given to secure an order of arrest pursuant to the provisions of Code Civil Proc. § 559. From a judgment of the general term of the city court affirming a judgment for defendants for the excess of their counterclaims above the amount to which plaintiff was adjudged entitled, which was entered on a verdict directed by the trial court, and affirming also an…
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Appeal from city court, general term. Action by Howard A. Sperry against Theodore Heilman and others on an undertaking given to secure an order of arrest pursuant to the provisions of Code Civil Proc. § 559. From a judgment of the general term of the city court affirming a judgment for defendants for the excess of their counterclaims above the amount to which plaintiff was adjudged entitled, which was entered on a verdict directed by the trial court, and affirming also an order denying plaintiff’s motion for a new trial, made on case and exceptions, plaintiff appeals. Affirmed. For former…
1Opinion of the CourtBischoff, J.
Howard A. Sperry and Robert W. Reid were jointly sued in the supreme court by the Metropolitan Concert Company, Limited, for the alleged conversion of personal property. An order for the arrest of both defendants was issued, and executed as to defendant Sperry only;- and judgment was on April 15, 1885, recovered in that action, by default, against the Metropolitan Concert Company, Limited, for dismissal of the complaint, with costs. Asserting this judgment to be a final decision that the Metropolitan Concert Company, Limited; was not entitled to the order of arrest, Sperry brought the present…
2Cases cited3 opinions
- Fay v. MuhlkerNew York Court of Common Pleas · 1892
- Fulton v. Metropolitan Life Ins.New York Court of Common Pleas · 1892
- Sperry v. HellmanNew York Court of Common Pleas · 1891
3Cited by1 opinion
- Sperry v. HellmanNew York Court of Common Pleas · 1893