Legal Opinion

Albany Belting & Supply Co. v. Grell

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1901PublishedCited by 2 opinions

Appeal by the plaintiff, the Albany Belting and Supply Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of'New York on the 20th day of April, 1901, upon the dismissal of the complaint, by direction of the court after a trial at the New York Trial Term. L. E. Warren.for the appellant.

1Opinion of the Court

Patterson, J.:

When this cause came on for trial and immediately upon the jury being impanelled, counsel for the defendant moved to dismiss the complaint. That motion was granted, and from the j udgment entered thereupon the plaintiff appeals. There are two branches of the action as set forth in the complaint, although they are not stated as separate causes of action. The first is to recover a penalty under section 1707 of the Code of Civil Procedure; the second to recover damages for alleged wrongful conduct of the defendant as sheriff in releasing property which it is claimed he took into…

2Cases cited4 opinions

  1. Sanders v. . SoutterNew York Court of Appeals · 1891
  2. Bullis v. . MontgomeryNew York Court of Appeals · 1872
  3. Manning, Bowman Co. v. . KeenanNew York Court of Appeals · 1878
  4. Otis v. . WilliamsNew York Court of Appeals · 1877

3Cited by2 opinions

  1. People ex rel. Gitzen v. SnowAppellate Court of Illinois · 1928
  2. Waters v. SpencerNew York Supreme Court · 1904

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