Haskins v. Kelly
The Superior Court of New York City
Exceptions taken on the trial of the cause, and directed by the court to be heard in the first instance at General Term. This action was in the nature of trover.. It was brought by Dewitt 0. Haskins, to recover from John Kelly, sheriff of the city and county of Hew York, and Thomas Murphy, one of his general deputies, the value of several printing presses and materials, taken and detained by them.
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Exceptions taken on the trial of the cause, and directed by the court to be heard in the first instance at General Term. This action was in the nature of trover.. It was brought by Dewitt 0. Haskins, to recover from John Kelly, sheriff of the city and county of Hew York, and Thomas Murphy, one of his general deputies, the value of several printing presses and materials, taken and detained by them. The defendants, answering separately, justified taking the goods by virtue of a requisition for their delivery issued to the sheriff in proceedings of claim and delivery under the Code of Procedure,…
1Opinion of the Court
By the Court.*—Robertson, J.
The plaintiff claims the ‘property in controversy, by virtue of a sale thereof under an in-strument of hypothecation of it executed by the original owners to a Mr. Thurber, held by the plaintiff as assignee thereof. At such sale an agent of the plaintiff, (Miller), bought such property and took possession of it for him, subsequently transferred it to him, and informed him he had done so. The original owner commenced an action and proceedings of claim, and delivery for ’it after such sale, against Miller (the agent), out of whose manual ‘possession the defendants as…
2Cases cited20 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Wheeler v. . NewbouldNew York Court of Appeals · 1857
- Langdon v. BuelNew York Supreme Court · 1832
- Charter v. StevensNew York Supreme Court · 1846
- Patchin v. PierceNew York Supreme Court · 1834
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3Cited by2 opinions
- O'Dougherty v. . Remington Paper Co.New York Court of Appeals · 1880
- The SouthwarkDistrict Court, E.D. Pennsylvania · 1904