Sugarman v. Brengel
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Christian Brengel, from a judgment of the County Court of Rassau county in favor of the plaintiff, entered in the office of the clerk of the county of Rassau on the 29th day of May, 1901, upon the verdict of a jury, and also from an order, entered in said clerk’s office on the 29th day of ■ May, 1901, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Christian Brengel, from a judgment of the County Court of Rassau county in favor of the plaintiff, entered in the office of the clerk of the county of Rassau on the 29th day of May, 1901, upon the verdict of a jury, and also from an order, entered in said clerk’s office on the 29th day of ■ May, 1901, denying the defendant’s motion for a new trial made upon the minutes. This action was commenced in" the court of a justice of the peace .; was tried before the court and a jury and the verdict was rendered in favor of the plaintiff. An appeal was taken by the defendant…
1Opinion of the Court
Jenks, J.:
The plaintiff recovered a judgment in an action for conversion against a constable who levied on plaintiff’s property on an execution upon a judgment against the wife of the plaintiff. The appellant insists that the trial court erred in certain rulings upon evidence and in certain requests to charge.
The defendant was not permitted to testify whether he had posted a notice of sale after levy or whether he had posted notices in three conspicuous places of the town. He did testify that he had sold the property levied upon at public auction. Even if the testimony was admissible, its…
2Cases cited6 opinions
- The People v. . HoveyNew York Court of Appeals · 1883
- Bleecker v. . JohnstonNew York Court of Appeals · 1877
- Gordon v. . the PeopleNew York Court of Appeals · 1865
- Schwier v. New York Central & Hudson River RailroadNew York Court of Appeals · 1882
- Hicks v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Reehil v. FraasAppellate Division of the Supreme Court of the State of New York · 1908
- Laffin v. RyanAppellate Division of the Supreme Court of the State of New York · 1957
- People v. FioriAppellate Division of the Supreme Court of the State of New York · 1908
- Kirkpatrick v. Allemannia Fire Insurance Co. of PittsburghAppellate Division of the Supreme Court of the State of New York · 1905
- Group v. SzenherAppellate Division of the Supreme Court of the State of New York · 1940
14 more not listed; retrieve them via the Exa API.