Henderson v. Brennecke
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by James Henderson and another against Louis F. Brennecke- and others. From a judgment in favor of plaintiffs, and from an order denying a new trial on the minutes, certain defendants appeal.
1Opinion of the CourtCullen, J.
The defendant Brennecke recovered a judgment against William H. Totten and Mary L. Totten, composing the firm of William H. Totten & Co. On that judgment an execution was issued, and the sheriff of Richmond county levied cm the chattels, the-*682subject of this action. The plaintiffs claimed title to the property under a bill of sale given to them by Totten & Co. On the refusal of the sheriff to surrender the property, the plaintiffs instituted this action, which is in replevin to recover its possession. Subsequently the appellants were substituted as defendants, in place of the sheriff. ■On the…
2Cases cited4 opinions
- Walsh v. AdamsNew York Supreme Court · 1846
- Hudson v. . SwanNew York Court of Appeals · 1881
- Commercial Bank v. BoltonAppellate Division of the Supreme Court of the State of New York · 1897
- Fiero v. BettsNew York Supreme Court · 1848