Wehle v. Butler
The Superior Court of New York City
This was an appeal from a judgment recovered Tby the plaintiff for the value of a stock of goods, taken Tby virtue of void attachments issued on application of the defendants out of the Marine Court. The answer of the defendants contained a general de nial.
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This was an appeal from a judgment recovered Tby the plaintiff for the value of a stock of goods, taken Tby virtue of void attachments issued on application of the defendants out of the Marine Court. The answer of the defendants contained a general de nial. Upon.the trial it appeared that on the 8th day of December, 1889, six warrants of attachment were issued by one of the justices of the Marine Court, at the instance of the defendants, Butler, Broome & Clapp, as alleged creditors of the plaintiff, and seven other warrants in favor of Spelman & Sons and Haviland, Lindsley & Co., other…
1Opinion of the Court
By the Court.
Freedmax, J.—The appeal being from the judgment merely, the only questions open for review are the questions of law arising upon the exceptions taken by the defendants upon the trial.
Under the issues raised by the pleadings and the testimony given on the trial on both sides, the evidence as to the retail value of the goods taken was properly admitted. It was, under the circumstances, competent, although by no means conclusive. A question of a more serious character would arise upon that part of the charge, in which the court laid down the rule that the value of the goods taken…
2Cases cited12 opinions
- McKyring v. . BullNew York Court of Appeals · 1857
- Bush v. . ProsserNew York Court of Appeals · 1854
- Hanmer v. WilseyNew York Supreme Court · 1837
- Creed v. . HartmannNew York Court of Appeals · 1864
- Kerr v. . MountNew York Court of Appeals · 1863
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