Farmers' Bank of Washington County v. Cowan
New York Court of Appeals
' The Farmers’ Bank of Washington County sued Hugh R. Cowan, for the conversion of personal property. The defense was that the property in question belonged to one Benjamin F. Woodruff, and that the defendant, as sheriff of Washington county, had seized and sold it on executions issued against him.
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' The Farmers’ Bank of Washington County sued Hugh R. Cowan, for the conversion of personal property. The defense was that the property in question belonged to one Benjamin F. Woodruff, and that the defendant, as sheriff of Washington county, had seized and sold it on executions issued against him. On the trial, it appeared that on December 1, 1856, Wood-ruff, the owner of the Mount Hope Iron Works, being indebted ■to Mallory & Co. of Troy (Mallory, Ingalls and Tibbetts), made a settlement with them, and gave them seven promissory notes of that date—one for upwards of seven thousand dollars,…
1Opinion of the CourtCampbell, J.
The answer of the defendant is, in brief, that the property mentioned in the complaint was not the property of the plaintiff, nor was the same in plaintiffs possession, but, *91on- the contrary, the property was owned and possessed by one Benjamin F. Woodruff; that the defendant was sheriff, and sundry executions came into his hands against the said Woodruff and others, and that, by one of his deputies, he caused the said property to be levied on and sold as the property of Woodruff. The two issues raised by the answer were: .first, was Woodruff owner of the property levied on and sold ? and, if…
2Cited by1 opinion
- Ernst v. Estey Wire Works Co.Appellate Terms of the Supreme Court of New York · 1897