Murphy v. John Hofman Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William E. Murphy, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Rensselaer on the 24th day of June, 1916, upon the decision of the court dismissing the complaint, a jury having been waived.
1Opinion of the Court
Kellogg, P. J.:
On the 14th day of October, 1904, the defendant wrongfully removed from the plaintiff’s store his show cases, against his protest, and sold them at public auction, and thereby became liable to pay the value of the property so illegally taken. (Murphy v. John Hofman Co., 215 N. Y. 185.)
The ownership of the show cases was in doubt, and the courts have had much difficulty in finally determining that they belong to the plaintiff and that the defendant wrongfully took them. (Murphy v. John Hofman Co., 211 U. S. 562; 138 App. Div. 931; 151 id. 353; 157 id. 88.)
*381The judgment appealed…
2Cases cited5 opinions
- Murphy v. John Hofman Co.Supreme Court of the United States · 1909
- Johnson v. . BlaneyNew York Court of Appeals · 1910
- First Commercial Bank v. . ValentineNew York Court of Appeals · 1913
- Murphy v. . John Hofman Co.New York Court of Appeals · 1915
- Murphy v. John Hofman Co.Appellate Division of the Supreme Court of the State of New York · 1910
3Cited by2 opinions
- In Re Emergency Beacon Corp.District Court, S.D. New York · 1985
- Kaufman v. Eagle Lion Classics, Inc.New York Supreme Court · 1957