Stallman v. Kimberly
New York Supreme Court
Appeal from special term, Flew York county. Action by John H. Stallman and John Fulton, Jr., against Agnes L. Kimberly and Charles W. Johnson, to recover possession of certain personal property. From an order granting leave to discontinue the action on payment of the costs, and of an extra allowance of 5 per cent, on the value of the goods which it was sought to replevy, plaintiffs appeal. Code Civil Proc. FT.
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Appeal from special term, Flew York county. Action by John H. Stallman and John Fulton, Jr., against Agnes L. Kimberly and Charles W. Johnson, to recover possession of certain personal property. From an order granting leave to discontinue the action on payment of the costs, and of an extra allowance of 5 per cent, on the value of the goods which it was sought to replevy, plaintiffs appeal. Code Civil Proc. FT. Y. § 3253, provides that, “in a difficult and extraordinary case, where a defense has been interposed,” the court may, “in its discretion, award to any party a further sum,” in addition…
1Opinion of the CourtDaniels, J.
The plaintiffs commenced three actions of replevin to recover the possession of personal property. Their right to maintain the actions depended upon the construction to be given to the act concerning warehouse-men, and their storage of goods. The second action alone was tried, and a verdict recovered in favor of the plaintiffs, and it was stipulated that the other two actions should abide the final result of the action so tried, and that an additional allowance of 5 per cent, upon the value of the goods should be made in that action. The general term set aside the plaintiffs’ recovery, and a…
2Cases cited2 opinions
- Stallman v. KimberleyNew York Supreme Court · 1889
- Bright v. MilwaukeeNew York Supreme Court · 1876