Tuska v. . O'Brien
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendant, entered upon a verdict. The nature of the action and the facts are set forth sufficiently in the opinion. The decree of the United States District Court did not' estop plaintiff or bar a recovery in this action.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendant, entered upon a verdict. The nature of the action and the facts are set forth sufficiently in the opinion. The decree of the United States District Court did not' estop plaintiff or bar a recovery in this action. (U. S. R. S., 996, §§ 5, 128, 35; 2 Smith’s L. Cas., 794 [6th Am. ed.]; Lore v. Truman, 10 Ohio [N. S.], 45; Mallett v. Foxcraft, 1 Story, 474; Jackson v. Wood, 3 Wend., 37; Ihmsen v. Ormsby, 8 Casey, 198; Hibbshman, v. Dubbar, 4 Watts, 183;…
1Opinion of the Court
Church, Ch. J.
This is an action to recover a stock of groceries taken by the defendant O’Brien, as sheriff of the city and county of Hew York, by virtue of attachments issued against the firm of Talk Brothers, who sold the goods to one Marx Long, and the latter to the' plaintiff. Valk Brothers sold the property a few days before filing a petition in bankruptcy, and their vendee sold to the plaintiff two or three days subsequently. The sheriff sold the whole or the greater portion of the property as perishable, and under an order of the United States District Court deposited the' fund in the…
2Cases cited1 opinion
- Scofield v. . WhiteleggeNew York Court of Appeals · 1872
3Cited by15 opinions
- Williamsburgh Savings Bank v. Town of SolonNew York Court of Appeals · 1893
- Bond v. MarkstrumMichigan Supreme Court · 1894
- Hanson v. HansonNebraska Supreme Court · 1902
- Blake v. Ohio River RailroadWest Virginia Supreme Court · 1900
- Barber v. . KendallNew York Court of Appeals · 1899
10 more not listed; retrieve them via the Exa API.