Welsh v. . Cochran
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiffs entered upon a verdict, and affirming an order denying a motion for a new trial. (Reported below, 2 Hun, 675; 5 T. & C., 699.) This action was brought to recover for an alleged unlawful seizure and conversion of plaintiffs’ property.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiffs entered upon a verdict, and affirming an order denying a motion for a new trial. (Reported below, 2 Hun, 675; 5 T. & C., 699.) This action was brought to recover for an alleged unlawful seizure and conversion of plaintiffs’ property. It appeared that the property in question was seized by the United States marshal under and by virtue of a provisional warrant issued in proceedings in bankruptcy against Timothy Kinnen and George Welsh, composing the firm…
1Opinion of the CourtAllen, J.
There was evidence to go to the jury tending to connect the defendants with the officers in taking and carrying away the chattels of the plaintiffs ; but upon the evidence it was a question of fact for the jury, and should have been submitted to them. The warrant issued at the instance of the defendants only authorized the seizure of the goods of the bankrupts named therein, and did not direct the taking the goods of the plaintiffs or from their possession. There was no direction from the defendants to take the property in question or to seize any goods in the possession of the plaintiffs.…
2Cases cited6 opinions
- Brainerd v. . DunningNew York Court of Appeals · 1864
- Averill v. Williams & SageNew York Supreme Court · 1847
- Read v. HurdNew York Supreme Court · 1831
- Fox v. JacksonNew York Supreme Court · 1850
- Thurman v. WellsNew York Supreme Court · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Fults v. . MunroNew York Court of Appeals · 1911
- Laing v. MittenMassachusetts Supreme Judicial Court · 1904
- Clark v. . WoodruffNew York Court of Appeals · 1881
- Croft v. KingNew York Court of Common Pleas · 1879
- West v. . Grocery Co.Supreme Court of North Carolina · 1905
34 more not listed; retrieve them via the Exa API.