Legal Opinion

Averill v. Williams & Sage

New York Supreme Court

Decided May 15, 1847PublishedCited by 17 opinions

Trover, tried, a second time, at the St. Lawrence circuit in February, 1846, before Willard, C. Judge. By the report of the case when formerly before the court, it will be seen that the action was trover for the conversion of a quantity of saw logs claimed to be owned by the plaintiff, which were seized and sold by the sheriff of St. Lawrence county by virtue of an execution in favor of the defendants against Beardsley and Lyon.

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Trover, tried, a second time, at the St. Lawrence circuit in February, 1846, before Willard, C. Judge. By the report of the case when formerly before the court, it will be seen that the action was trover for the conversion of a quantity of saw logs claimed to be owned by the plaintiff, which were seized and sold by the sheriff of St. Lawrence county by virtue of an execution in favor of the defendants against Beardsley and Lyon. A new trial was ordered on the ground that it was not proved that the sale was made by the directions of the defendants in this suit, who were the plaintiffs in the…

1Opinion of the Court

By the Court, Beardsley, J.

When this case was formerly before us, we held that the defendants were not liable in this action merely because they were plaintiffs in the execution on which the sale was made, (1 Denio, 501;) and that point is not now in contest. A new fact however was shown on the last trial; for it appeared that the attorney for the plaintiffs in the execution was present at the sheriff’s sale, and that the bids made by S. S. Lyon for the plaintiffs were made under the direction and express authorization of said attorney. It was not shown that the attorney had any general or…

2Cases cited1 opinion

  1. Averill v. WilliamsCourt for the Trial of Impeachments and Correction of Errors · 1845

3Cited by17 opinions

  1. Welsh v. . CochranNew York Court of Appeals · 1875
  2. Clark v. . WoodruffNew York Court of Appeals · 1881
  3. Foster v. WileyMichigan Supreme Court · 1873
  4. In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1906
  5. Banco do Brasil v. Madison Steamship Corp.New York Supreme Court · 1970

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