Desbecker v. McFarLine
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James A. McFarline, as sheriff of the county of Wyoming, from a judgment of the Supreme Court in favor of the plaintiffs, éntered in the office of the clerk of the county of Wyoming on the 20th day of February, 1899, upon the decision of the court rendered after a trial before the court without a jury at the Erie Trial Term, adjudging that the plaintiffs recover from the defendant the chattels described in the judgment, or, in case possession thereof…
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Appeal by the defendant, James A. McFarline, as sheriff of the county of Wyoming, from a judgment of the Supreme Court in favor of the plaintiffs, éntered in the office of the clerk of the county of Wyoming on the 20th day of February, 1899, upon the decision of the court rendered after a trial before the court without a jury at the Erie Trial Term, adjudging that the plaintiffs recover from the defendant the chattels described in the judgment, or, in case possession thereof is not delivered, then that the plaintiffs recover of the defendant the sum of $679, besides costs. The issues were…
1Opinion of the Court
Hardin, P. J.:
In August, 1897, and prior thereto the plaintiffs were copartners carrying on a wholesale clothing business in the city of Buffalo, and it is found as a fact that they were the owners “ of the claim and cause of action set forth in the complaint.”
*456Cauffman and Strouss were copartners engaged in the retail clothing business in the village of Warsaw under the style of Cauffman & Strouss. In the month of August, 1897, they became desirous of purchasing clothing from the plaintiffs’ firm, and to induce a credit from the plaintiffs Cauffman & Strouss made and delivered a statement and…
2Cases cited14 opinions
- Colegrove v. New York & New Haven RailroadNew York Court of Appeals · 1859
- The People v. . GonzalezNew York Court of Appeals · 1866
- Rochester Railway Co. v. RobinsonNew York Court of Appeals · 1892
- Schenectady and Saratoga Plank Road Co. v. . ThatcherNew York Court of Appeals · 1854
- Chapman v. . GatesNew York Court of Appeals · 1873
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In re the Grade Crossing CommissionersAppellate Division of the Supreme Court of the State of New York · 1900
- Bennett v. DonovanAppellate Division of the Supreme Court of the State of New York · 1903
- Gowing v. WarnerAppellate Terms of the Supreme Court of New York · 1900
- Havens v. GilmourAppellate Division of the Supreme Court of the State of New York · 1903
- Ward v. HoagAppellate Division of the Supreme Court of the State of New York · 1903
4 more not listed; retrieve them via the Exa API.