Dickinson v. . Oliver
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 24, 1908, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 24, 1908, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in directing a verdict for the plaintiff as there were questions of fact which should have been submitted to the jury for their determination. (Susman v. Whyard, 149 N. Y. 127; Jones on Chattel Mortgages, 2; Smith v. Beattie, 31 N. Y.…
1Opinion of the CourtVann, J.
This action was brought by Leroy Smith, as sheriff of Delaware county, to recover damages for the conversion of certain chattels in which he had a special property by virtue of a levy made under execution. Sheriff Smith having died after the action had been tried twice, and while he was still in office, Barney Dickinson, the under-sheriff, was appointed his successor.' Thereupon the attorneys for the defendant stipulated “ that upon the application of Barney Dickinson, as successor in office of Leroy Smith, late sheriff of the county of Delaware, which is hereto attached, the said Barney…
2Cases cited11 opinions
- Mooney v. . ByrneNew York Court of Appeals · 1900
- Matter of ViemeisterNew York Court of Appeals · 1904
- Earl v. Camp & StoneNew York Supreme Court · 1837
- Brown v. Bement & StrongNew York Supreme Court · 1811
- Barker v. . BinningerNew York Court of Appeals · 1856
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3Cited by10 opinions
- Blue v. Herkimer Nat. BankCourt of Appeals for the Second Circuit · 1929
- In Re MerzCourt of Appeals for the Second Circuit · 1930
- Sheldon v. . McFeeNew York Court of Appeals · 1916
- Walsh v. GrayAppellate Division of the Supreme Court of the State of New York · 1925
- Lipe v. Beech-Nut Packing Co.Appellate Division of the Supreme Court of the State of New York · 1935
5 more not listed; retrieve them via the Exa API.