Legal Opinion

New York & Brooklyn Brewing Co. v. Angelo

Appellate Division of the Supreme Court of the State of New York

Decided May 26, 1911PublishedCited by 4 opinions

■Appeal by the plaintiff, the New York and Brooklyn Brewing Company, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the defend-, ant, rendered on the 24th' day of October, 1910.

1Opinion of the Court

Jenks, P. J.:

The plaintiff appeals from a judgment of the Municipal Court for the -defendant. The ground of its appeal is that such judgment affords affirmative equitable relief in a court that has- no equitable jurisdiction. The action is in replevin to recover a liquor tax certificate and damages for detention. The certificate was issued to the defendant. The- plaintiff’s claim of title rests upon a written' assignment and power of attorney executed in its favor. The defendant pleaded' that the delivery of such assignment and power of attorney (together with a note for $975 as evidence of…

2Cases cited8 opinions

  1. Stone v. SeymourCourt for the Trial of Impeachments and Correction of Errors · 1835
  2. Pattison v. HullCourt Of Oyer And Terminer New York · 1828
  3. Hammond v. . MorganNew York Court of Appeals · 1886
  4. Robert v. GarnieNew York Supreme Court · 1805
  5. Goodman v. SnowNew York Supreme Court · 1894

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Carson v. Cook County Liquor Co.Supreme Court of Oklahoma · 1913
  2. Oppenheimer v. Trebla Realty Co.Appellate Division of the Supreme Court of the State of New York · 1913
  3. Robinson v. RoblesRochester City Court · 2010
  4. New York & Brooklyn Brewing Co. v. AngeloAppellate Division of the Supreme Court of the State of New York · 1911

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