McKinley v. . Bowe
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made May 3, 1882, which affirmed a judgment in favor of defendants entered upon an order dismissing plaintiffs’ complaint on trial. This action was trespass.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made May 3, 1882, which affirmed a judgment in favor of defendants entered upon an order dismissing plaintiffs’ complaint on trial. This action was trespass. The complaint alleged the levying upon and sale of a lathe, the property of plaintiff, by defendant Bowe, as sheriff, by virtue of an alleged execution against one Carpenter, issued to him by the other defendants, and under their direction.. Plaintiffs claimed title under a chattel mortgage executed by…
1Per curiam
The right of the defendants to their judgment assailed on this appeal rests entirely upon their right to contest the validity of plaintiff’s mortgage and his title acquired thereunder. The defendant Bowe was a trespasser, if, on an execution against Carpenter, he took the property of McKinley; and the other defendants are equally liable since they indemnified the officer and directed the taking. Their attack upon McKinley’s title is founded wholly upon the presumptions of fraud arising from the lack of an actual change of possession of the lathe mortgaged and afterward sold to plaintiffs.…
2Cited by3 opinions
- Van Dewater v. GearAppellate Division of the Supreme Court of the State of New York · 1897
- Carter v. BoweNew York Supreme Court · 1886
- Lux v. DavidsonNew York Supreme Court · 1890