Ackerman v. O'Gorman
New York Supreme Court
Appeal from special term, Oswego county. This was an action in replevin by Jacob Ackerman and others to recover "the possession of a quantity of boots, shoes, and rubbers, held by the defendant O’Gorman as assignee under the general assignment of Dennis Murphy, who obtained possession of the goods by virtue of purchases, which the plaintiffs claimed were fraudulent, so that no title passed. Murphy was engaged in business at the city of Oswego, and also at Oswego Falls.
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Appeal from special term, Oswego county. This was an action in replevin by Jacob Ackerman and others to recover "the possession of a quantity of boots, shoes, and rubbers, held by the defendant O’Gorman as assignee under the general assignment of Dennis Murphy, who obtained possession of the goods by virtue of purchases, which the plaintiffs claimed were fraudulent, so that no title passed. Murphy was engaged in business at the city of Oswego, and also at Oswego Falls. A part of the goods replevied were found at the Oswego store, and a part at the Oswego Falls store. The complaint contained…
1Opinion of the CourtMerwin, J.
Our decision in this case must be controlled by the decision of the court of appeals in Newell Mill Co. v. Muxlow, 21 N. E. Rep. 1048, (decided June 25, 1889.) In that case, at general term, (4 N. Y. Supp. 197,) it was held that in an action of replevin, when the plaintiff recovered a portion of the chattels sued for and the defendant the rest, the defendant was entitled to costs; following the case of Ackerman v. De Lude, 36 Hun, 44. The court of appeals reversed the general term, holding that the right to costs in such cases is regulated exclusively by the provisions of section 3234 of the…
2Cases cited1 opinion
- Newell Universal Mill Co. v. MuxlowNew York Supreme Court · 1889