Cohen v. Climax Cycle Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Eli M. Cohen, from an order of the Supreme Court, made at the New York Special Term and entered in "the" office of the clerk of the county of New York on the 17th day of March, 1897, denying his motion to set aside the verdict of a sheriff’s jury rendered in proceedings to determine the validity of a claim made to- personal property held by the sheriff under an execution issued against the defendant.
1Opinion of the Court
Ingraham, J.:
The question here presented- is novel, no case in this State having been called to our áttention in which such a motion has ever been *159made. From the facts it appears that the sheriff having levied upon certain property under an attachment against the defendant, The Climax Cycle Company, one Gold-finger made a claim to such property and filed a notice of such claim with the sheriff; that subsequently the sheriff impaneled a jury to try the validity of the claim, and that such jury having found in favor of the claimant, the defendant moved at Special Term tó set aside the verdict…
2Cited by5 opinions
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- Minor v. GurleyNew York Supreme Court · 1908
- Montagnino v. MinolfiNew York Supreme Court · 1916