Marshall v. Friend
New York Supreme Court
Motion to set aside the service of a summons herein and “ the pretended seizure, levy or replevin of the plaintiffs herein,” of certain pelts and wool therefrom, upon the ground that the affidavit in replevin is defective and does not sufficiently describe the chattels to be replevied, as required by section 1695 of the Code.
1Opinion of the CourtHiscock, J.
The action is brought to recover certain sheep and lamb pelts, and the wool taken therefrom, which had been sold by the plaintiffs, and also by a certain firm of Kraft & Schwartz, to the corporation D. J. Hamburger & Sons Co., of which the defendant Friend has been appointed receiver. Kraft & Schwartz assigned their claim to plaintiffs before the commencement of the action.
The affidavit in replevin which is criticised upon this motion, and for the alleged deficiencies of which it is asked that the replevin process and levy thereunder should be set aside, reads as follows:
“ Benjamin Marshall…
2Cases cited1 opinion
- Devoe v. SeligCity of New York Municipal Court · 1898
3Cited by3 opinions
- Durant v. Brown Motor CompanySupreme Court of South Carolina · 1928
- Glass v. HauserAppellate Terms of the Supreme Court of New York · 1903
- Marshall v. FriendAppellate Division of the Supreme Court of the State of New York · 1901