Kerry v. Archer
New York Supreme Court
rpHIg action was brought to recover damages for the wrong-JL ful taking and conversion of certain personal property belonging to the plaintiff. The defendants justified the taking under an execution issued upon a judgment obtained in favor of the defendants against the plaintiff upon an attachment issued against him in a justice’s court. The plaintiff claimed that the attachment proceedings were void.
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rpHIg action was brought to recover damages for the wrong-JL ful taking and conversion of certain personal property belonging to the plaintiff. The defendants justified the taking under an execution issued upon a judgment obtained in favor of the defendants against the plaintiff upon an attachment issued against him in a justice’s court. The plaintiff claimed that the attachment proceedings were void. The application for the attachment was made upon the ground that the defendant therein had departed from the county where he last resided, with an intent to defraud his creditors. The affidavit…
1Opinion of the CourtMiller, J.
The evidence upon the trial of this cause established that the property of the plaintiff was levied upon by the officer by virtue of an attachment issued in favor of *70the defendants and at their request. Other attachments had previously been issued, judgments obtained, executions levied, and property advertised for sale ; but the officer having proceeded to sell sufficient to satisfy the defendants' execution, after payment of those which had priority, under a levy made by their (the defendants’) direction, and they having received the money realized upon the sale, I think the proof was…
2Cases cited6 opinions
- Miller v. BrinkerhoffNew York Supreme Court · 1847
- Homan v. BrinckerhoffCourt for the Trial of Impeachments and Correction of Errors · 1845
- Skinnion v. . KelleyNew York Court of Appeals · 1858
- Butts v. EdwardsNew York Supreme Court · 1846
- Earl v. SpoonerNew York Supreme Court · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Kidder v. BiddleIndiana Court of Appeals · 1895
- Marchand v. HaberNew York Supreme Court · 1896
- Whitney v. ColemanNew York Court of Common Pleas · 1880
- Lyon v. BlakeslyNew York Supreme Court · 1879
- Northrup v. GarrettNew York Supreme Court · 1879
3 more not listed; retrieve them via the Exa API.