Cook v. Gross
Appellate Division of the Supreme Court of the State of New York
Appeal from municipal court of city of Hew York. Action by John A. Cook against Max Gross. From a judgment in favor of plaintiff, defendant appeals.
1Opinion of the CourtHirschberg, J.
The defendant, as city marshal, and in obedience to lawful process in execution against the firm of Ackerly & Balch, levied upon two barrels of whisky at the Clarendon Hotel, Coney Island. The hotel was then conducted by the firm under a liquor tax certificate in their name, and the whisky was in actual use by them for sale at the bar. The plaintiff claims to be the owner of the whisky, and in this action of replevin he recovered judgment *925awarding him possession oí it, and also the sum of $51.50 damages for its detention.
The damages are based on an erroneous theory. The plaintiff was…
2Cases cited8 opinions
- Ludden v. HazenNew York Supreme Court · 1860
- Bonesteel v. FlackNew York Supreme Court · 1864
- Davis Sewing Machine Co. v. . BestNew York Court of Appeals · 1887
- Fish v. . BenedictNew York Court of Appeals · 1878
- Davis Sewing-Machine Co. v. BestNew York Supreme Court · 1888
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3Cited by1 opinion
- Toro v. HornAppellate Terms of the Supreme Court of New York · 1915