Parker v. Conner
The Superior Court of New York City
Tke action was brougkt against the defendant as sheriff for unlawfully taking and carrying away the contents of a certain printing establishment owned by the plaintiff, and of the value of $9,500. The defendant justified— 1. Under three several executions against the property • of one John Halloran, under which the property was originally seized ; and 2. Under an execution against the plaintiff himself, under which his right, title and interest in and to said property were…
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Tke action was brougkt against the defendant as sheriff for unlawfully taking and carrying away the contents of a certain printing establishment owned by the plaintiff, and of the value of $9,500. The defendant justified— 1. Under three several executions against the property • of one John Halloran, under which the property was originally seized ; and 2. Under an execution against the plaintiff himself, under which his right, title and interest in and to said property were sold. Upon the trial it appeared : That on June 30, 1874, the whole property was taken from the plaintiff’s possession by…
1Opinion of the Court
By the Court.—Freedman, J.
The court below held that the defendant wrongfully, and without authority of law, seized upon and removed plaintiff’s goods, and that consequently the plaintiff was entitled to recover for the wrongful taking and detention ; but that the amount of such recovery must be nominal, because the appropriation of the property to the use, benefit and advantage of the plaintiff under the Percy execution was an appropriation under valid legal process against him, and hence in judgment of law was equivalent to its return and acceptance by him.
The case having been disposed of…
2Cases cited11 opinions
- Hanmer v. WilseyNew York Supreme Court · 1837
- Porter v. . ParmleyNew York Court of Appeals · 1873
- Ball v. . LineyNew York Court of Appeals · 1871
- Wehle v. . ButlerNew York Court of Appeals · 1874
- Higgins v. WhitneyNew York Supreme Court · 1840
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