Barnard v. Kobbe
New York Court of Common Pleas
Appeal by the defendants from an order of Daly, Y. J., at Special Term, granting judgment on the answer as frivolous. The action was brought on the 28th day of September, 1868, to recover the proceeds of certain merchandise named in the complaint, consigned by the plaintiff to the defendants in the month of May, 1868, to be sold by the defendants.
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Appeal by the defendants from an order of Daly, Y. J., at Special Term, granting judgment on the answer as frivolous. The action was brought on the 28th day of September, 1868, to recover the proceeds of certain merchandise named in the complaint, consigned by the plaintiff to the defendants in the month of May, 1868, to be sold by the defendants. The answer interposed by the defendants admitted the consignment of the goods, but set up that on the 23d day of May, 1868, the merchandise in question, and the proceeds thereof, were levied upon by the sheriff of the county of New York, as the…
1Opinion of the Court
By the Court.
Barrett, J.
The answer is clearly frivolous. The relation of bailor and bailee is admitted; also, the sale of the goods, and the rendition of an account showing the net proceeds in the defendants’ hands belonging to the plaintiff. The non-payment of this amount is sought to be justified by averring title in a third person, one Arnstein, against whom an attachment was issued, which is stated to have been levied upon the goods in question “ and their proceeds ” in the defendants’ hands, and under which, after notice to the plaintiff of the levy, these proceeds were paid by the…
2Cases cited2 opinions
- Welles v. ThorntonNew York Supreme Court · 1865
- Bell v. HolfordThe Superior Court of New York City · 1852
3Cited by1 opinion
- Robinson v. Memphis & C. R.United States Circuit Court · 1883