Schwabeland v. Holahan
New York Court of Common Pleas
Appeal from city court, general term. Action by Henry Schwabeland and Henry G. Schloendorff against Edmund P. Holahan, as one of the marshals of New York, to recover possession of a stock of goods and fixtures o-f a grocery store seized by defendant under execution against one William McCaw. From a judgment of the city court (26 N. Y. Supp. 880) affirming a judgment entered on a verdict in favor of plaintiffs, defendant appeals. Affirmed.
1Opinion of the CourtDaly, C. J.
This was an action against a city marshal to recover a stock of goods alleged to have been wrongfully taken and detained by him from the plaintiffs on July 7, 1892. The defense was a levy and taking of the property on July 1, 1892, from one McCaw by virtue of an execution against him. The principal issue was whether the levy was made on July 1st, or after that date, as the plaintiffs did not acquire the property before July 2d, when they received it from McCaw. The first intimation which plaintiffs had of a levy was the posting by defendant, on July 7th, on the premises, of a notice of sale…
2Cases cited4 opinions
- Becker v. . KochNew York Court of Appeals · 1887
- Stillman v. SquireCourt for the Trial of Impeachments and Correction of Errors · 1845
- Davey v. LohrmannNew York Court of Common Pleas · 1892
- Wolf v. FarleyNew York Court of Common Pleas · 1891