Kemp v. Carnley
The Superior Court of New York City
This was an action to recover the possession of certain goods and chattels particularly described in a schedule annexed to the complaint, and was brought by the plaintiff as assignee of George Stewart and James W. Patterson, composing the firm of George Stewart & Co., against the defendant as Sheriff of the City and County of New York.
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This was an action to recover the possession of certain goods and chattels particularly described in a schedule annexed to the complaint, and was brought by the plaintiff as assignee of George Stewart and James W. Patterson, composing the firm of George Stewart & Co., against the defendant as Sheriff of the City and County of New York. The defendant justified under certain executions and attachments particularly referred to in his answer against the property of George Stewart. The cause was brought to trial before the Chief Justice and a jury in February, 1852. The counsel for the plaintiff,…
1Opinion of the CourtBy the Court. Hoffman, J.
In this case, under the suggestion of the judge at the trial, a general verdict was taken for the plaintiff, subject to the opinion of the Court upon certain questions of law. The jury also found specially upon some questions of fact submitted to them, and the case is now before the Court for judgment.
The defendant seized the goods in question under warrants of attachment issued in favor of White and Thurger against George Stewart, one of the firm of Stewart & Patterson, as well as under executions against him. This possessory action is brought against the Sheriff to recover such goods, and…
2Cited by11 opinions
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- Palmer v. MyersNew York Supreme Court · 1865
- Bowen v. ChaseU.S. Circuit Court for the District of Southern New York · 1870
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