Parmenter v. . Fitzpatrick
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made at the May term, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made at the May term, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff’s acts in attempting to take possession of the stock of goods on the fifth of April, after the defendant, as sheriff, had levied upon that stock on March twenty-first, by virtue of an execution issued upon the judgment in…
1Opinion of the CourtPeckham, J.
The plaintiff commended this action to recover from the defendant, who was the sheriff of the county of Clinton, the value of certain goods levied upon and sold by the defendant as the property of the firm of A. C. Smith & Co., of which property plaintiff claims to have been the owner under a bill of sale from the firm to him. Certain judgment creditors of the firm had issued executions upon their judgments and placed them in the hands of the defendant, as sheriff, and he had levied upon the property and sold it under the execution.
The plaintiff recovered a verdict at Circuit, upon which…
2Cases cited3 opinions
- Campbell v. . WoodworthNew York Court of Appeals · 1859
- Hoffman v. . ConnerNew York Court of Appeals · 1879
- Beach v. . Raritan Delaware Bay R.R. Co.New York Court of Appeals · 1868
3Cited by50 opinions
- McCandless v. FurlaudSupreme Court of the United States · 1935
- Hotaling v. A. B. Leach & Co.New York Court of Appeals · 1928
- People v. HaroldNew York Court of Appeals · 1968
- People ex rel. Four Park Avenue Corp. v. LillyAppellate Division of the Supreme Court of the State of New York · 1942
- Wallingford v. . KaiserNew York Court of Appeals · 1908
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