Fischer v. Hetherington
The Superior Court of New York City
Appeal from a judgment, entered on a verdict in favor of plaintiffs, and from an order denying a motion for a new trial.
1Opinion of the CourtSedgwick, C. J.
The action was for the taking and conversion of plaintiffs’ goods. The plaintiffs were, according to the evidence, assignees—or, rather, purchasers—of the goods, from the former owner, one James Fitzgerald. The defendant Hetherington, soon after the assignment, brought ‘action against Patrick Fitzgerald, in a district court, to recover a certain sum of money. The summons named Patrick Fitzgerald, without more, as defendant. Service of this was made upon James Fitzgerald. In fact, James Fitzgerald owed the debt sued for in the action in the district court. James Fitzgerald did not appear in…
2Cases cited6 opinions
- Welsh v. . CochranNew York Court of Appeals · 1875
- Farnham v. HildrethNew York Supreme Court · 1860
- Averill v. Williams & SageNew York Supreme Court · 1847
- Waterbury v. MatherNew York Supreme Court · 1837
- Crandall v. BeachNew York Supreme Court · 1852
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