Beaty v. Swarthout
New York Supreme Court
APPEAL from an order made at a special term, denying a motion for a new trial. The action was for the wrongful tailing and conversion of a cow, horse, wagon and other personal property.
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APPEAL from an order made at a special term, denying a motion for a new trial. The action was for the wrongful tailing and conversion of a cow, horse, wagon and other personal property. The answer denied the complaint, and every part of it, and also set up that the property was the property of James Beaty; that George Youngs had obtained a judgment in the supreme court against James Beaty; that Swarthout, the defendant, was the sheriff of Schuyler county, and that he took the property by virtue of an execution issued on said judgment; and that Smith, the other defendant, acted in aid of the…
1Opinion of the Court
*294 By the Court,
E. Darwin Smith, J.
The decision of the court of appeals in the case of Lanning v. Carpenter, (20 N. Y. Rep. 447,) disposes of most of the questions raised upon the trial of this action. The only point seriously urged upon the argument arises upon the offer to prove that the defendant, as sheriff of the county of Schuyler, took the property in question by virtue of the execution .mentioned, by and with the consent of the plaintiff, and that the plaintiff drove the property to the sale and actually bid on it, at the sale. This offer was objected to, on the ground that no such…
2Cases cited1 opinion
- Lanning v. . CarpenterNew York Court of Appeals · 1859
3Cited by10 opinions
- Knapp v. . RocheNew York Court of Appeals · 1884
- Cary v. Western Union Telephone Co.New York Supreme Court · 1888
- County of Cayuga v. StateNew York Court of Claims · 1920
- Van Dewater v. GearAppellate Division of the Supreme Court of the State of New York · 1897
- Ramme v. . Long Island R.R. Co.New York Court of Appeals · 1919
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