Goodman v. McGonigle
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Eighth District. Action by Abraham Goodman against Daniel McGonigle. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtLehman, J.
The plaintiff sues for the conversion of 75 bags of flour seized by the defendant, a city marshal, under process issued against one Reblinker, from whom the plaintiff claims to have purchased the flour. In the complaint the value of the flour is placed at $500, but the plaintiff produced no evidence showing a higher value than $280. The only evidence admitted on behalf of the defendant for the purpose of showing value was the testimony of an expert, who bid at the public sale conducted by the marshal, that this flour was worth from $100 to $125. The trial justice charged the jury:
“You have on…
2Cases cited2 opinions
- Montignani v. E. V. Crandall Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Montignani v. E. V. Crandall Co.Appellate Division of the Supreme Court of the State of New York · 1898