Scherl v. Flam
Appellate Division of the Supreme Court of the State of New York
.. Appeal by the plaintiff, Harry Scherl, from a judgment, of the Municipal Court of the city of Hew York, borough of Brooklyn, in favor of the defendant.
1Opinion of the Court
Per Curiam :
This is an action in replevin by the alleged owner of goods, against a city marshal, who had levied on the goods-under an execution. The plaintiff’s first judgment was reversed by this court (129 App. Div. 561), and his second judgment also (133 id. 274). We cannot see that the plaintiff’s case, upon this appeal justifies a disturbance of this judgment, which is for the defendant. The only feature in the plaintiff’s case that is entirely new is the introduction of an assignment of the judgment upon which the execution was issued, made a year after this levy, to a third party, who…
2Cases cited4 opinions
- McKuskie v. . HendricksonNew York Court of Appeals · 1891
- Fitzhugh v. . WimanNew York Court of Appeals · 1854
- Scherl v. FlamAppellate Division of the Supreme Court of the State of New York · 1908
- Wales v. HartNew York Supreme Court · 1823
3Cited by4 opinions
- In re the Adoption of ManziNew York Surrogate's Court · 1935
- In re the Estate of LyonsNew York Surrogate's Court · 1936
- Bump v. HaniganAppellate Terms of the Supreme Court of New York · 1915
- In re the Estate of PayneNew York Surrogate's Court · 1941