Sinnott v. . Feiock
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 22, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The dismissal of plaintiff’s complaint as to defendant Feiock was error.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 22, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The dismissal of plaintiff’s complaint as to defendant Feiock was error. (Barnett v. Selling, 70 N. Y. 492 ; Nichols v. Michael, 23 N. Y. 264; Knapp v. Smith, 27 N. Y. 277; Ellis v. Lersner, 48 Barb. 539; Dunham v. T. U. R. R. Co., 3 Keyes, 543; Brockway v. Burnap,…
1Opinion of the CourtCullen, J.
The action is in replevin to recover certain chattels which it was alleged the plaintiff was induced to sell to the respondent by fraud on the part of the latter. The complaint was in the ordinary form and averred property in the plaintiff and that the defendant wrongfully took and detained the chattels. The complaint was dismissed on the opening of the plaintiff’s counsel and his concession (apparently made for the purpose of obtaining a ruling on the question) that prior to a demand for the return of the goods and before the commencement of the action the chattels had been taken from the…
2Cases cited15 opinions
- Yesler v. City of SeattleWashington Supreme Court · 1890
- Nichols v. . MichaelNew York Court of Appeals · 1861
- Devoe v. . BrandtNew York Court of Appeals · 1873
- Barnett v. . SellingNew York Court of Appeals · 1877
- Pool v. AdkissonCourt of Appeals of Kentucky · 1833
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3Cited by33 opinions
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- State v. WillitsIndiana Supreme Court · 2002
- Simmons v. WillifordSupreme Court of Florida · 1910
- Andrews v. HoeslichWashington Supreme Court · 1907
- Roach v. CurtisAppellate Division of the Supreme Court of the State of New York · 1906
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