Legal Opinion

Carr v. Johnson

New York Supreme Court

Decided February 15, 1891Published

Appeal from circuit court, Onondaga county. Action- by Henry D. G. Carr and Philip H. W. Jones against Hector B. Johnson, as sheriff. From a judgment entered on a verdict directed by the court in favor of defendant, plaintiff appeals.

1Opinion of the CourtMartin, J.

This action was for the conversion of a quantity of furniture, consisting of 24 hall-racks and 6 cases or cabinets, of the value of $571.05. The plaintiffs claimed title under a bill of sale given them by the owners December 11, 1889. The property in question was never delivered to the plaintiffs, but remained in the actual possession of their vendors until it was levied upon and sold by the defendant as sheriff of Onondaga county. It was taken and sold under and by virtue of an execution duly issued upon a judgment rendered in this court on December 19, 1889, against the plaintiffs’ vendors.…

2Cases cited5 opinions

  1. Siedenbach v. . RileyNew York Court of Appeals · 1888
  2. Tifft v. BartonNew York Supreme Court · 1847
  3. Wallace v. NodineNew York Supreme Court · 1890
  4. McCarthy v. McDermottNew York Court of Common Pleas · 1882
  5. Stevens & Munn v. Fisher & WhitmoreNew York Supreme Court · 1838

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