Brounstein v. Sahlein
New York Supreme Court
Appeal from circuit court, Onondaga county. Action by Marcus Brounstein against David A. Sahlein and others for malicious prosecution. From a judgment in favor of plaintiff for $3,000, and from an order denying a motion on the minutes for a new trial, defendants appeal. Reversed.
1Opinion of the CourtMerwin, J.
On or about December 4, 1882, the defendants in this action brought an action in replevin against the plaintiff herein to recover the possession of goods to the amount of about $1,400, which had been a short time previous purchased by Brounstein of these defendants or their assignors, Levinson & Co. The purchases by Brounstein were on time, that liad not expired, and the theory of the replevin action was that the purchases were fraudulent, so that the defendants had a right to rescind the sale, and recover the property itself. A portion of the property was taken from Brounstein by the sheriff…
2Cases cited9 opinions
- Closson v. StaplesSupreme Court of Vermont · 1869
- Lawton v. . GreenNew York Court of Appeals · 1876
- Pangburn v. BullNew York Supreme Court · 1828
- Hazzard v. . FluryNew York Court of Appeals · 1890
- Burhans v. Sanford & BrownNew York Supreme Court · 1838
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3Cited by4 opinions
- Friedman v. DozorcMichigan Supreme Court · 1981
- Paul v. FargoAppellate Division of the Supreme Court of the State of New York · 1903
- Powers v. HoughtonMichigan Supreme Court · 1909
- Friedman v. DozorcMichigan Supreme Court · 1981