Raphaelsky v. Lynch
The Superior Court of New York City
Morris Raphaelsky sued James Lynch, in the New York superior court, for the conversion of certain cases of tobacco, which the defendant, as sheriff of New York county, had, on January 7, 1864, seized under an attachment against William Salamon. " The tobacco at the time of the seizure was in store, and a warehouse receipt therefor had been made to James Parker.
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Morris Raphaelsky sued James Lynch, in the New York superior court, for the conversion of certain cases of tobacco, which the defendant, as sheriff of New York county, had, on January 7, 1864, seized under an attachment against William Salamon. " The tobacco at the time of the seizure was in store, and a warehouse receipt therefor had been made to James Parker. At the time of the trial the receipt bore the following indorsements : c< James Parker to J. Cooper,” “John Cooper,” “Philip Franklin.” Plaintiff claimed to have purchased the tobacco from Franklin, and received the receipt from him.…
1Opinion of the Court
By the Court.—McCunn, J.
This is a motion for a new trial on the ground of newly discovered evidence. The controversy arose about a quantity of tobacco which defendant, on January 7, 1864, levied on as sheriff of the county. - Plaintiff undertook to prove that some few days before the levy by the sheriff, the property had been transferred to him through the assignment of warehouse receipts. The testimony, although very much shaken by a severe cross-examination, was believed at the time by the jury, and they found a verdict for nearly five thousand dollars for plaintiff. Affidavits are now…
2Cases cited7 opinions
- Folger v. . FitzhughNew York Court of Appeals · 1869
- Roosevelt v. Heirs of FultonNew York Supreme Court · 1827
- Anderson v. DickieThe Superior Court of New York City · 1863
- Maloney v. DowsNew York Court of Common Pleas · 1859
- Tucker v. WhiteNew York Supreme Court · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Cole v. Fall Brook Coal Co.New York Supreme Court · 1890