Legal Opinion

Wasserman v. Benjamin

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1904PublishedCited by 4 opinions

Appeal by the plaintiff, Benoit Wasserman, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 3d day of December, 1903, granting the defendant’s motion for leave to renew a prior motion and relieving the defendant from imprison-rnent under an order of arrest theretofore entered herein.

1Opinion of the Court

Hooker, J. :

A verdict was rendered in this action in May, 1902, in plaintiff’s favor for a sum of money as damages for defendant’s conversion of personal property. Ho judgment had been entered when, on May 1, 1903, plaintiff applied for and was granted an order of arrest in the action; the following day the defendant was taken into custody and released upon giving bail on the 21st of May, 1903. The defendant procured and caused to be served an order to show cause why the defendant should not be relieved from imprisonment, but neglected to show in his papers that judgment had not been entered…

2Cases cited5 opinions

  1. Barton v. . SpeisNew York Court of Appeals · 1878
  2. Marks v. KingNew York Supreme Court · 1884
  3. Patchen v. President of Delaware & Hudson Canal Co.Appellate Division of the Supreme Court of the State of New York · 1901
  4. Hunt v. SullivanAppellate Division of the Supreme Court of the State of New York · 1903
  5. Wasserman v. BenjaminAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by4 opinions

  1. Schechter v. LichtensteinAppellate Division of the Supreme Court of the State of New York · 1928
  2. Muller v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1910
  3. Foley v. CarterAppellate Division of the Supreme Court of the State of New York · 1925
  4. Weil v. ManheimCity of New York Municipal Court · 1910

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