Montignani v. E. V. Crandall Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by Frank M. Montignani against the E. V. Crandall Company, Eben V. Crandall, and A. Val Woodruff. From a judgment for plaintiff, and an order denying a new trial, defendants appeal.
1Opinion of the CourtHatch, J.
This action was brought against the sheriff of Kings county for the conversion of personal property. Claim of ownership in the plaintiff having been made when the sheriff levied upon the property, he demanded a bond of indemnity, which the defendants gave. Thereupon the sheriff took the property, and, this action having been brought against him, the defendants were substituted as parties defendant. The evidence warranted the jury in finding that the property was not owned by the defendant in the execution under which the sheriff acted. This would lead to an affirmance of the judgment, were it…
2Cases cited2 opinions
- Parmenter v. . FitzpatrickNew York Court of Appeals · 1892
- Bowdish v. PageNew York Supreme Court · 1894
3Cited by2 opinions
- Moore v. LachmundOregon Supreme Court · 1911
- Goodman v. McGonigleAppellate Terms of the Supreme Court of New York · 1911