Wheeler v. . Sweet
New York Court of Appeals
Appeal from judgment of tlie General Term of the Superior Court of Buffalo, entered upon an order made the second Monday of October, 1891, which affirmed a judgment in favor of defendants, entered upon a verdict and affirmed an order .denying a motion for a new trial.
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Appeal from judgment of tlie General Term of the Superior Court of Buffalo, entered upon an order made the second Monday of October, 1891, which affirmed a judgment in favor of defendants, entered upon a verdict and affirmed an order .denying a motion for a new trial. This action was brought by plaintiffs as assignees of an indemnity bond given by defendants to William W. Lawson, as sheriff of Erie county, by its terms indemnifying him against any judgment obtained against him for levying upon and selling property under execution against one Edson D. Shoemaker, issued upon a judgment…
1Opinion of the Court
Andrews, Ch. J.
We think the judgment and the order refusing to grant a new trial must be reversed for the reason that the trial judge, on the return of the jury into court for further instructions, erroneously and in the absence of the plaintiffs and their counsel instructed them that the question as to the validity of the chattel mortgage under which the plaintiffs claimed title to the property taken by the sheriff on the execution in favor of the Third National Bank, was not material for their consideration in the dispositibn of the case. It obviously was a fact of great importance as…
2Cases cited4 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Casoni v. . JeromeNew York Court of Appeals · 1874
- Watertown Bank and Loan Co. v. . MixNew York Court of Appeals · 1873
- Clark v. . SicklerNew York Court of Appeals · 1876
3Cited by18 opinions
- People v. . SpragueNew York Court of Appeals · 1916
- Pangburn v. . Buick Motor Co.New York Court of Appeals · 1914
- Morehouse v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1906
- Aetna Casualty & Surety Co. v. Phoenix National Bank & Trust Co.Supreme Court of the United States · 1932
- City of New York v. . BairdNew York Court of Appeals · 1903
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