Manning v. Monaghan
The Superior Court of New York City
This action comes before the Court at General Term, on questions of law arising at the trial, and which were there ordered to be heard, in the first instance, at General Term. It was tried in November, 1856, before Mr. Justice Bosworth and a jury. It was brought by Charles A. Manning, as plaintiff, against Patrick Monaghan, John Cavanagh, Leonard Gosling, and Edward Schenck, as defendants.
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This action comes before the Court at General Term, on questions of law arising at the trial, and which were there ordered to be heard, in the first instance, at General Term. It was tried in November, 1856, before Mr. Justice Bosworth and a jury. It was brought by Charles A. Manning, as plaintiff, against Patrick Monaghan, John Cavanagh, Leonard Gosling, and Edward Schenck, as defendants. The complaint avers that the plaintiff, on the 5th of October, 1854, loaned. $1,000 to the defendant Schenck for one year, and took his note of that date, payable one year thereafter, for $1,070, and a…
1Opinion of the CourtBy the Court. Slosson, J.
Unless the receiver in the present case stands in the position in which the Sheriff would have stood, had he levied upon, taken possession of and sold the property under an execution, his sale, especially in the manner in which it was conducted, was a wrongful act, to the injury of the rights of the plaintiff, and for which both he and Monaghan are liable as trespassers.
In the case of Hull v. Carnley, (1 Kernan’s Rep. 501,) on which these defendants rely, the complaint was that the Sheriff by levying upon and taking the property in the hands of the mortgagor, who was in possession under a…
2Cases cited1 opinion
- Gregory v. ThomasNew York Supreme Court · 1838
3Cited by4 opinions
- Keith v. HaggartSupreme Court Of The Territory Of Dakota · 1887
- Galde v. ForsythSupreme Court of Minnesota · 1898
- Manning v. MonaghanThe Superior Court of New York City · 1863
- Thompson v. Van VechtenThe Superior Court of New York City · 1860