Bodine v. Thurwachter
New York Supreme Court
Appeal from a judgment in the plaintiff’s favor, entered on a verdict, and from an order of the Monroe Special Term denying the defendant’s motion for a new trial.
1Opinion of the Court
Barker, J.:
This is an action of trover for the conversion of certain goods of which Clark H. Kennedy was the owner on the 31st day of December, 1878, and kept by him in his store, in the village of "Waterloo, for sale at retail. On that day in a justice’s court he confessed judgment in favor of Jackson Perry for the sum of $118.25, and judgment was rendered against him by the justice for that amount. Such confession and entry of judgment was in full compliance with the provisions of the Code on that subject, except that the plaintiff omitted to make an affidavit, as required by section 311 of…
2Cases cited2 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Clearwater v. . BrillNew York Court of Appeals · 1875