Pittinger v. Hoboken Planing Mills Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Watson & Pittinger, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 12th day of December, 1912, vacating a sale of • personal property made by the sheriff of Kings county, and directing a resale thereof upon the application of the purchaser,
1Opinion of the Court
Jenks, P. J.:
Under plaintiff’s execution for $319.23 the sheriff levied upon certain lumber consigned to the defendant, but in possession of the Long Island railroad as common carrier, which asserted .a carrier’s lien upon the lumber for $405.99. At the auction sale under the levy the lumber was struck down to a representative of the carrier upon a bid of $406.99. The carrier refused to complete its purchase because the sheriff would not credit the amount of its lien upon its bid, but insisted upon a cash payment of the entire sum. Sometime thereafter the carrier moved at Special Term to…
2Cases cited3 opinions
- Continental Insurance v. ReeveAppellate Division of the Supreme Court of the State of New York · 1909
- Rowe v. GrangerAppellate Division of the Supreme Court of the State of New York · 1907
- Campbell v. . ConnerNew York Court of Appeals · 1877