Triangle Mint Corp. v. Horgan

On December 26, 1928, a writ of replevin was issued out of this court in an action by plaintiff, alleged owner of thirty-two machines, designated as automatic vending machines, against defendant, as property clerk of the police department of the city of New York.

The status of the defendant should be noted at the outset. It arises by appointment from the police commissioner of the city (Greater N. Y. Charter, § 331, as amd. by Laws of 1917, chap. 400) and in his representative capacity is charged with the duty of being custodian (pending prosecution of criminal charges) of property seized by…