Leinkauf Banking Co. v. Grell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,' William F. Grell, as sheriff of the county of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on. the 29th day of October, 1900, upon the verdict of a jury rendered by direction of the court, and also from án order entered in said clerk’s office on the 8th day of November, 1900, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J.:
This action is in replevin and upon the trial a verdict was directed for the plaintiff for the value óf the property, the return of the chattels being impossible by reason of their having been sold under an order of the court pending the action. From the judgment entered upon the verdict and from an order denying a motion for a new trial, the defendant appeals. When suit was brought, the property was' in the possession of the sheriff, who had levied upon it under an attachment in an action brought by the Pitch Pine Lumber Company against Hieronymus Brothers, which firm had…
2Cases cited2 opinions
- The Bank of Rochester v. . JonesNew York Court of Appeals · 1851
- Hudson v. . SwanNew York Court of Appeals · 1881
3Cited by3 opinions
- American Thresherman v. Citizens Bank of AndersonWisconsin Supreme Court · 1913
- Canandaigua National Bank v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Manufacturers' Commercial Co. v. Rochester Railway Co.Appellate Division of the Supreme Court of the State of New York · 1911