Whitney v. Biggs
New York County Courts
Appeal from a judgment entered in the City Conrt of Elmira on the 18th day of March, 1915, in favor of the plaintiff and against the defendant, for the snm of $195.70 and interest. The defendant appeals to this court and asks that the judgment be reversed as being contrary to law and against the evidence.
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Appeal from a judgment entered in the City Conrt of Elmira on the 18th day of March, 1915, in favor of the plaintiff and against the defendant, for the snm of $195.70 and interest. The defendant appeals to this court and asks that the judgment be reversed as being contrary to law and against the evidence. This action was brought by the plaintiff to recover of the defendant, as sheriff of the county of Chemung, the sum of $195.70, which was, as plaintiff claims, the amount of his interest in a Ford automobile which the defendant, as sheriff, had sold under an execution issued on a judgment…
1Opinion of the CourtSwartwood, J.
The whole contention of the appellant here seems to be that at the time the sheriff levied on and sold the Ford automobile it was the- property of Updike, his claim being that Whitney having paid to the Ford Company all that it was to receive from him in money, as its agent, he became the absolute owner of the car, and that, when he made the sale to Updike, Updike received the full title from him and that the assignment of the Ford Motor Company to Whitney passed nothing to him for the reason that at that time it had no interest in the car. The appellant ’s further claim is that the execution…
2Cases cited1 opinion
- Friedman v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by4 opinions
- General Motors Acceptance Corp. v. BarnettCity of New York Municipal Court · 1931
- Edwards v. Walker, New York County Courts1937
- C. I. T. Corp. v. Miklow Realty Corp.City of New York Municipal Court · 1935
- Heiman v. MurphyCity of New York Municipal Court · 1932