Stark v. Grant
New York Court of Common Pleas
Appeal from city court, general term. Affirmed. Action by Frederick Stark against Hugh J. Grant, sheriff of the city of New York, to recover chattels taken in execution against Rosenthal. From a judgment of the general term of the city court affirming judgment on a verdict, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtPryor, J.
Affirmance of the judgment and order in the court below concludes this court upon every question of fact, (Bell v. Bartholomew, 12 Wkly. Dig. 33; Walsh v. Schulz, 67 How. Pr. 186;) and, the evidence conflicting upon the question of title, we have no authority to challenge the validity of the verdict. But the appellant imputes error of law to the refusal to dismiss the complaint, and upon these grounds: First. Because there was no proof of a purchase of the goods by plaintiff from Rosenthal, yet the plaintiff testified positively and circumstantially to the fact of the sale, and the jury…
2Cases cited5 opinions
- Gardner v. . McEwenNew York Court of Appeals · 1859
- Thompson v. . BlanchardNew York Court of Appeals · 1850
- Lydia Allen v. . CowanNew York Court of Appeals · 1861
- Walsh v. SchulzNew York Court of Common Pleas · 1884
- Wallace v. NodineNew York Supreme Court · 1890
3Cited by2 opinions
- Claflin v. New York Standard Watch Co.New York Court of Common Pleas · 1894
- Johnson v. Yellow Cab Transit Co.Supreme Court of the United States · 1944