Numan v. Wolf
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by Simon Numan against Samuel Wolf. From a judgmení for plaintiff, defendant appeals. In November, 1900, the plaintiff was arrested and taken before the recorder of the city of Little Falls upon an information charging him with the offense of criminally receiving stolen property.
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Appeal from judgment on report of referee. Action by Simon Numan against Samuel Wolf. From a judgmení for plaintiff, defendant appeals. In November, 1900, the plaintiff was arrested and taken before the recorder of the city of Little Falls upon an information charging him with the offense of criminally receiving stolen property. The examination was run, along for a few days, when the recorder accepted a plea of guilty of petit larceny, and fined the plaintiff §20, upon the payment of which he was discharged. The plaintiff was a Jew, speaking the English language imperfectly, and asked the…
1Opinion of the CourtSpring, J.
The referee found that whatever agreement the plaintiff made with the defendant at the time of the arrest was void, as the plaintiff was under the stress of great excitement. He further allowed to the defendant the sums paid out aggregating $65, and directed judgment for $77, the balance paid to the defendant by the plaintiff. The referee further found as a fact that the defendant rendered valuable assistance to the plaintiff in the proceeding in the recorder’s court, and for which he should be compensated, but, as the action was in form for conversion, it was improper to deduct the claim of…
2Cases cited7 opinions
- Carpenter v. . Manhattan Life Ins. Co.New York Court of Appeals · 1883
- Conaughty v. . NicholsNew York Court of Appeals · 1870
- Segelken v. . MeyerNew York Court of Appeals · 1884
- Greentree v. . RosenstockNew York Court of Appeals · 1875
- Savage v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1900
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3Cited by1 opinion
- O'Brien v. DwyerAppellate Division of the Supreme Court of the State of New York · 1902