McCabe v. . Brayton
New York Court of Appeals
Action to recover possession of certain dry-goods which the Plaintiff claimed as his property, and which he claimed he had delivered to one Carroll, as agent, to sell on Plaintiff’s account, and for his benefit. The Defendant claimed that the goods were the property of Carroll, and made title thereto in himself under an execution issued out of the Supreme Court, against Carroll, which he, as Sheriff, had levied upon said goods.
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Action to recover possession of certain dry-goods which the Plaintiff claimed as his property, and which he claimed he had delivered to one Carroll, as agent, to sell on Plaintiff’s account, and for his benefit. The Defendant claimed that the goods were the property of Carroll, and made title thereto in himself under an execution issued out of the Supreme Court, against Carroll, which he, as Sheriff, had levied upon said goods. The cause was referred, and, upon trial before the referee, it appeared that a store was kept at Cohoes, in the name of the Plaintiff, in which dry and fancy goods,…
1Opinion of the CourtGrover, J.
The referee found that the goods in question, at the time of the levy thereon by the Defendant, were the property of Carroll. This finding determined the ease in favor of the Defendant. The exceptions taken by the Plaintiff thereto only raise the question, in this Court, whether there was any evidence to sustain it.
In the Supreme Court the question thus presented ivas different. The latter Court were to inquire whether the finding was against the weight of evidence, and, if so, to reverse it.
The case shows there was evidence in support of the finding. The proof shows that the business had…
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