McLaughlin v. Harriot
New York Court of Common Pleas
Appeal from Eighth district court. Action by James McLaughlin against John F. Harriot, as property clerk of the police department of the city of New York. From a judgment for plaintiff rendered on a trial before the justice, without jury, defendant appeals. Reversed.
1Opinion of the CourtGiegerich, J.
The present case demonstrates the value of the rule that, upon an appeal from the judgment of a district court, this court may reverse upon the facts where injustice has obviously been done. Code Civ. Proc. §§ 3063, 3213; Curley v. Tomlinson, 5 Daly, 283; Brown v. Sullivan, 1 Misc. Rep. 161, 20 N. Y. Supp. 634; Schumacher v. Waring, 7 Misc. Rep. 161, 27 N. Y. Supp. 325. The-action is conversion against the property clerk of the police de*685partment, founded upon Ms failure to return upon demand a sum of money taken from the person of one John O’Connell, at a time when the latter was arrested in…
2Cases cited6 opinions
- Griffin v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Dunstan v. . HigginsNew York Court of Appeals · 1893
- Curley v. TomlinsonNew York Court of Common Pleas · 1874
- Jackson ex dem. Ross v. CooleyNew York Supreme Court · 1811
- Brown v. SullivanNew York Court of Common Pleas · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Watson v. DealyAppellate Terms of the Supreme Court of New York · 1899