Wallace v. Nodine
New York Supreme Court
Appeal from circuit court, Onondaga county. Action by John Wallace against George Nodine. Plaintiff had a verdict for $141.72, and from a judgment therein, and order denying a motion for a new trial on the minutes, defendant appeals. The action was for taking and selling personal property alleged to belong to the plaintiff.
Read the full summary
Appeal from circuit court, Onondaga county. Action by John Wallace against George Nodine. Plaintiff had a verdict for $141.72, and from a judgment therein, and order denying a motion for a new trial on the minutes, defendant appeals. The action was for taking and selling personal property alleged to belong to the plaintiff. The defense was that the defendant is a constable, and took the property by virtue of an execution issued upon a judgment in favor of Charles King, and another against James Wallace and Earl Hazard, and that the property belonged to the defendants in the execution at the…
1Opinion of the CourtHardin, P. J.
1. Plaintiff was called as a witness in his own behalf, and stated that Hazard left the premises in October, 1886, before the giving of the bill of sale, and before the levy; and the plaintiff stated that before he left he came to his house, and spoke to him upon the subject of leaving. When the witness was asked what Hazard said in that interview defendant objected and excepted, and thereupon the counsel for the plaintiff allowed that by the evidence he wanted “to show whether he delivered possession or not, ” and thereupon the court intimated that the witness might answer, and he did state…
Also in this document: Concurrence.
2Cases cited11 opinions
- Caldwell v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- Knapp v. . SmithNew York Court of Appeals · 1863
- Billings v. . RussellNew York Court of Appeals · 1886
- Tilson v. . TerwilligerNew York Court of Appeals · 1874
- Siedenbach v. . RileyNew York Court of Appeals · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Rheinfeldt v. DahlmanAppellate Terms of the Supreme Court of New York · 1897
- Brown v. HarmonAppellate Division of the Supreme Court of the State of New York · 1898
- Robinson v. HawleyAppellate Division of the Supreme Court of the State of New York · 1899
- Stark v. GrantNew York Court of Common Pleas · 1891
- Youngs v. Wedderspoon, New York County Courts1910
3 more not listed; retrieve them via the Exa API.