Dennis v. . Crittenden
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the seventh district, .reversing the judgment for the.plaintiff in the Monroe County Court, on a néw trial had there on appeal from a judgment for the plaintiff in justice’s court in that county. The action was replevin, originally commenced before K. J Holmes, justice of the peace in the city of Rochester. Louis Baron died pending the litigation, and the respondent was substituted as his representative.
Read the full summary
Appeal from a judgment of the General Term of the Supreme Court in the seventh district, .reversing the judgment for the.plaintiff in the Monroe County Court, on a néw trial had there on appeal from a judgment for the plaintiff in justice’s court in that county. The action was replevin, originally commenced before K. J Holmes, justice of the peace in the city of Rochester. Louis Baron died pending the litigation, and the respondent was substituted as his representative. The plaintiff was appointed receiver of the property of Louis Baron, in proceedings supplementary to execution, and as such…
1Opinion of the Court
Earl, Ch. J.
The plaintiff was appointed receiver of the property of the original defendant, Louis Baron, in proceedings supplementary to execution and commenced this .action in Justice’s Court to recover possession of a piano. The plaintiff, to lay the foundation for his action, presented an affidavit in which all that was stated as to the value of the piano, is as follows : “ That the actual value of said property, according to this deponent’s best judgment and belief, is $100.” Before answering in Justice’s Court, the defendant took the objection, that the affidavit was defective in not…
2Cases cited1 opinion
- People ex rel. Barry v. MerceinNew York Court of Chancery · 1839
3Cited by6 opinions
- Daily v. DoeDistrict Court, S.D. New York · 1880
- State v. HancockNevada Supreme Court · 1905
- Cook v. Cook, New York County Courts1907
- Goodovitch v. ReissNew York Supreme Court · 1927
- Finn v. FinnNew York Supreme Court · 1877
1 more not listed; retrieve them via the Exa API.