King v. . Galvin
New York Court of Appeals
This was a motion to dismiss an appeal on the ground that the amount in controversy was less than $500, and so that the judgment below was not appealable under the act of 1874 (chap. 322, Laws of 1874)," amending section 11 of the Code. (Reported below, 4 Hun, 258; 6 T. & C., 467.) The action was for the wrongful taking and conversion of personal property.
Read the full summary
This was a motion to dismiss an appeal on the ground that the amount in controversy was less than $500, and so that the judgment below was not appealable under the act of 1874 (chap. 322, Laws of 1874)," amending section 11 of the Code. (Reported below, 4 Hun, 258; 6 T. & C., 467.) The action was for the wrongful taking and conversion of personal property. The amount of damages demanded in the complaint was $1,700. Defendant justified as deputy-sheriff, alleging that the goods in question were the property of one Phillips, having been transferred to plaintiffs in fraud of the creditors of…
1Opinion of the CourtRapallo, J.
The action was for the wrongful taking of goods described in a schedule annexed to the complaint, and the amount of damages demanded was $1,700.
The judgment being for the defendant, the sum demanded > in the complaint, in the absence of any modification of such demand, would for the purposes of an appeal be deemed the amount in controversy in the action.
But in this case the plaintiffs have, by their own stipulation, withdrawn from the controversy their demand for a portion of the goods mentioned in the complaint. They have stipulated to withdraw their claim for all goods which had been…
2Cited by5 opinions
- Knapp v. . DeyoNew York Court of Appeals · 1888
- Brown v. . SigourneyNew York Court of Appeals · 1878
- Roosevelt v. . LinkertNew York Court of Appeals · 1876
- American Hosiery Co. v. RileyNew York City Court · 1882
- Thacher v. Hope Cemetery Ass'nNew York Court of Appeals · 1895