Rambaut v. Irving National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas D. Rambaut, as assignee for the benefit of creditors of Wilson Brothers Woodenware and Toy Company, .from-a judgment.of the Supreme Court in favor of the defendant, entered in the office of the clefk of the county of New York on the 17th day of April, 1899, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term
1Opinion of the Court
Rumsey, J.: 5, The action is brought to recover damages for conversion. Upon the trial the learned justice dismissed the complaint, ahd- from the judgment thereupon entered this appeal is taken.
The facts are that the defendant Irving National Bank, being a creditor of the Wilson Brothers Woodenware and Toy Company, brought an action to recover the amount of .its debt and sued out a warrant of attachment against its debtor, which was levied by the sheriff .on the 29th of June, 1898. Almost immediately after the levy had been, made, the plaintiff here served a notice upon the sheriff .that he,…
2Cases cited3 opinions
- Dyett v. . HymanNew York Court of Appeals · 1891
- Funk v. Evening Post Publishing Co.New York Supreme Court · 1894
- Stephens v. . WiderNew York Court of Appeals · 1865
3Cited by2 opinions
- Willson v. Faxon, Williams & FaxonAppellate Division of the Supreme Court of the State of New York · 1910
- Rollins v. Sidney B. Bowman Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1903