Henderson v. Brennecke
Appellate Division of the Supreme Court of the State of New York
Aureal by the defendants, Louis F. Brenneoke and others, from a judgment of the Supreme Court in favor of the plaintiff James Henderson, entered in the office of the clerk of the county of Richmond on the 30th day of October, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 27th day of October, 1897, denying the defendants’ motion for- a new trial made upon the minutes.
1Opinion of the Court
Cullen, J.:
The defendant Brennecke recovered a judgment against William H. Totten and Mary L. Totten, composing the firm of William H. Totten & Co. On that judgment an execution was issued, and the .sheriff of Richmond county levied on the chattels, the subject of this action. The plaintiffs claimed title ‘to-the property under a bill of sale given to them by Totten & Co. On the refusal of the sheriff to surrender the property, the ¡ilairitiffs instituted this action, which is in replevin to recover its possession. Subsequently,' the appellants were substituted as defendants in place of the…
2Cases cited4 opinions
- Walsh v. AdamsNew York Supreme Court · 1846
- Hudson v. . SwanNew York Court of Appeals · 1881
- Commercial Bank v. BoltonAppellate Division of the Supreme Court of the State of New York · 1897
- Fiero v. BettsNew York Supreme Court · 1848