Dale v. Gilbert
New York Supreme Court
Appeal from special term, Erie county. Action by Henry Dale and others against Frank T. Gilbert, as sheriff. Defendant’s motion to set aside an undertaking given by the defendant to retake certain goods replevied, and for leave to snbstitute another undertaking in its place, was denied, and defendant appeals.
1Opinion of the CourtCorlett, J.
In 1886, Moses Ruslander purchased goods from the plaintiffs. In November of that year he confessed judgment for those goods, amounting to $28,000, on which executions were issued to the defendant, who levied on the stock, and on the same day Buslander made a general assignment for the benefit of his creditors. In November of the above year an action of replevin was commenced to recover those goods, or a portion of them, of the alleged value of $2,122.82. The affidavit and requisition of replevin were delivered to the coroner of Erie county, who executed the writ on the 22d day of November of…
2Cases cited5 opinions
- Matter of of N.Y., L. W.R.R. Co.New York Court of Appeals · 1885
- Martin v. . GilbertNew York Court of Appeals · 1890
- Riley v. SkidmoreNew York Supreme Court · 1889
- Nowell v. GilbertNew York Supreme Court · 1888
- Pember v. SchallerNew York Marine Court · 1880
3Cited by1 opinion
- Dale v. GilbertNew York Supreme Court · 1893