Dyett v. . Hyman
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, entered upon an order made April 6, 1891, which affirmed a judgment in favor of defendant entered unon a verdict directed by the court.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, entered upon an order made April 6, 1891, which affirmed a judgment in favor of defendant entered unon a verdict directed by the court. This action was brought by plaintiff as assignee for the benefit of the creditors of Jacob Kapp, to recover the value of a stock of merchandise taken from plaintiff by the sheriff of the city and county of Hew York, under attachments issued in suits brought by the defendants Hyman, Morris and Stroock against plaintiff’s assignor. The day after the goods…
1Opinion of the Court
Ruger, Ch. J.
The plaintiff brought trover, as assignee in a general assignment by Kapp for the benefit of his creditors, against the defendants Hyman, Morris, Stroock and Baffin to '¡recover damages for the taking and conversion of certain personal property. The defendants admitted the execution of the assignment, but justified the taking by a sheriff under certain attachments issued against the property of said Iiapp, by a justice of the Supreme Court, and an averment that the property talcen belonged to said Kapp. The allegations of the answer were probably insufficient to raise the…
2Cases cited6 opinions
- Van Brunt v. . Town of FlatbushNew York Court of Appeals · 1891
- Williams v. SheldonNew York Supreme Court · 1833
- Wehle v. . ButlerNew York Court of Appeals · 1874
- Hayes v. . DavidsonNew York Court of Appeals · 1885
- Lord v. . TiffanyNew York Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- In Re the Accounting of PeckNew York Court of Appeals · 1912
- Ford Motor Credit Co. v. Hickey Ford Sales, Inc.New York Court of Appeals · 1984
- McIntosh v. KnoxNevada Supreme Court · 1917
- ButrickMassachusetts Supreme Judicial Court · 1904
- Riethmann v. GodsmanSupreme Court of Colorado · 1896
31 more not listed; retrieve them via the Exa API.