Hitchcock v. Wimpleberg
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Benjamin Wimpleberg, from an order of the Supreme Court, made at the Saratoga Special Term and entered in the office of the clerk of the county of Washington on the 28th day of November, 1904, denying the defendant’s motion to vacate a judgment entered in the action on the 10th day of November, 1904, or to correct the same to conform to the verdict, and to strike out the p>rovision therein awarding costs to plaintiff.
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Appeal by the defendant, Benjamin Wimpleberg, from an order of the Supreme Court, made at the Saratoga Special Term and entered in the office of the clerk of the county of Washington on the 28th day of November, 1904, denying the defendant’s motion to vacate a judgment entered in the action on the 10th day of November, 1904, or to correct the same to conform to the verdict, and to strike out the p>rovision therein awarding costs to plaintiff. The action is brought in replevin to recover the possession of a watch claimed to belong to the plaintiff. In the complaint it is stated that the watch…
1Opinion of the Court
Smith, J.:
Upon a judgment in an action of replevin, where the value of the property with the damages, if any, is found to be less than fifty dollars, the plaintiff is entitled to an amount of costs equal to the amount of the value and damages found. In an action for conversion a recovery of a judgment for less than fifty dollars makes the plain tifE liable to the defendant for the defendant’s costs. It is thus apparent why the defendant is interested that the judgment be entered for a specific sum only, as in an action for conversion, following, as he claims it must, a verdict for a specific…
2Cases cited4 opinions
- Fitzhugh v. . WimanNew York Court of Appeals · 1854
- Segelke v. FinanNew York Supreme Court · 1888
- McLain v. Mathushek Piano Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1900
- In re the Accounting of FiskNew York Surrogate's Court · 1904
3Cited by2 opinions
- Retter v. WebberAppellate Division of the Supreme Court of the State of New York · 1926
- Satterwhite v. Harriman Nat. Bank & Trust Co.District Court, S.D. New York · 1935