Legal Opinion

McMahon v. Jacob

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

Decided November 14, 1902PublishedCited by 2 opinions

Appeal from trial term, Kings county. Action by John McMahon against Christian A. Jacob and others. 'From a judgment for plaintiff, and from an order denying a new trial, •defendants appeal.

1Opinion of the CourtWoodward, J.

This action was brought to recover damages for the wrongful taking of a piano from the possession of the plain-biff. It was originally brought against the sheriff of the county of Kings, but the defendants above named have been duly substituted, -and the action was tried as against them. The piano was taken to satisfy a judgment against the plaintiff’s daughter, and the sole question at issue was the ownership of the piano. Upon this point there was a distinct conflict of evidence, and, while it may be that there was •more evidence in support' of the theory of the defendants, it cannot be *433said…

2Cases cited2 opinions

  1. Cole v. Fall Brook Coal Co.New York Supreme Court · 1895
  2. McMahon v. JacobAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by2 opinions

  1. Wintrode v. ConnorsOhio Court of Appeals · 1941
  2. New York Evening Journal Publishing Co. v. William F. Simpson Advertising Co.Appellate Terms of the Supreme Court of New York · 1908

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