McCarthy v. . Ockerman
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the fourth judicial department, entered February 1, 1896, upon an order which reversed a judgment in favor of plaintiffs, entered upon a decision of the court -on trial at Circuit and granted a new trial. This is an action of replevin. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the General Term of the Supreme Court in the fourth judicial department, entered February 1, 1896, upon an order which reversed a judgment in favor of plaintiffs, entered upon a decision of the court -on trial at Circuit and granted a new trial. This is an action of replevin. The facts, so far as material, are stated in the opinion. For the purposes of this appeal the questions of fact, as found by the trial court, must be deemed established in favor of the plaintiffs, and this appeal brings up for review the single question of law, whether the requisition in…
1Opinion of the CourtO’Brien, J.
The defendant is the sheriff of Broome county. The plaintiffs allege that on or about June 7, 1893, he took and wrongfully detains from them certain personal property, consisting of dry goods and other merchandise particularly described in the complaint, annexed affidavit and requisition to the coroner, in an action to recover specific personal property. It appears from the proofs and findings that the property, which is the subject of this action, was purchased from the plaintiffs by the firm of Parsons and Beach, but that the sale was void for fraud practiced upon the plaintiffs by the…
2Cases cited6 opinions
- Manning, Bowman Co. v. . KeenanNew York Court of Appeals · 1878
- First Nat'l Bk. of Oswego v. . DunnNew York Court of Appeals · 1884
- Smith v. StanfordIndiana Supreme Court · 1878
- Litchman v. PotterMassachusetts Supreme Judicial Court · 1874
- Edgerton v. RossNew York Court of Common Pleas · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Devoe v. SeligCity of New York Municipal Court · 1898
- Richman v. Active Vans Moving & Storage Co.New York Supreme Court · 1961
- McLaughlin v. McLaughlinAppellate Division of the Supreme Court of the State of New York · 1932
- Fitzpatrick v. KrauseAppellate Terms of the Supreme Court of New York · 1899
- Fitzpatrick v. KrauseAppellate Terms of the Supreme Court of New York · 1899
2 more not listed; retrieve them via the Exa API.