Lehman v. Mayer
Appellate Division of the Supreme Court of the State of New York
Appeal by Edward J. H. Tamsen, as sheriff of the city and county of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 11th day of June, 1896, requiring him to execute a requisition of replevin, and to take certain property into his possession.
1Per curiam
The only party defendant to this action was Lewis Mayer. Ruscher & Muller, in whose possession the tobacco which is the subject of the action was, are not parties to the action, and there is nothing *312in the papers upon which this motion was made tending to show that they are agents of the defendant, or have any connection with him whatever. The requisition upon the sheriff authorizes the taking of the property only from the defendant named in the action, or his agent. It is no protection to him if he takes the property from any other person. (Otis v. Williams, 70 N. Y. 208; Bullis v.…
2Cases cited1 opinion
- Otis v. . WilliamsNew York Court of Appeals · 1877
3Cited by1 opinion
- Gats v. GatsAppellate Division of the Supreme Court of the State of New York · 1949