E. De Braekeleer & Co. v. Schwabeland
New York Supreme Court
Appeal from circuit court, New York county. Action by E. De Braekeleer & Co., Limited, against Henry Schwabeland and others, to recover possession of chattels. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendants appeal.
1Opinion of the CourtO’Brien, J.
This action was originally brought against the sheriff to recover certain chattels taken by the latter under an *213execution upon a judgment. The property, when levied upon, was claimed by plaintiff, and, upon demanding its return, the judgment creditor, with the defendants as sureties on the bond, having indemnified the sheriff, the latter retained and subsequently sold the property under the execution. This action in replevin, therefore, though originally brought against the sheriff, was changed by the substitution of these defendants in his place.
The facts alleged in the complaint are that on…
2Cited by2 opinions
- Graves v. BonnessSupreme Court of Minnesota · 1906
- Tripp v. SmithAppellate Division of the Supreme Court of the State of New York · 1900