Kelly v. Campbell
New York Court of Appeals
Catharine Kelly (for whom, on her death pending the action, David, her husband and administrator, was substituted as plaintiff), sued Anthony E. Campbell, in the supreme court, to recover the value of certain personal property taken by defendant as sheriff of Kings county, under an execution against Charles H. Jones.
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Catharine Kelly (for whom, on her death pending the action, David, her husband and administrator, was substituted as plaintiff), sued Anthony E. Campbell, in the supreme court, to recover the value of certain personal property taken by defendant as sheriff of Kings county, under an execution against Charles H. Jones. On the trial it appeared that the plaintiff was a married woman, and claimed the property by virtue of a bill of sale from Jones, made before the execution was levied. The bill of sale was dated February 5, 1861, and delivered to plaintiff’s husband, who stated at the time that…
1Opinion of the CourtBalcom, J.
The bill of sale of the goods, from Jones to Mrs. Kelly, was dated and executed February 5, 1861. Her coverture did not then prevent her from purchasing the goods and going into trade as a shoe merchant. L. 1860, p. 157, §§ 1,3.
The action for the conversion of the goods by the defendant was properly brought in her name. L. 1860, p. 158, § 7; as amended by L. 1862, p. 344, § 7; Code, of;Pro. §§ 111, 114.
The bill of sale itself authorized Mrs. Kelly to maintain the *494action in her own name, unless it was impeached for fraud. 27 Barb. 178; 32 Id. 293; 14 N. Y. 555.
The notes surrendered, as the…
2Cases cited13 opinions
- Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
- Shepard v. ShepardNew York Court of Chancery · 1823
- Babcock v. . EcklerNew York Court of Appeals · 1862
- Garlick v. StrongNew York Court of Chancery · 1831
- Strong v. SkinnerNew York Supreme Court · 1848
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3Cited by2 opinions
- In re Final Account of SwadeAppellate Division of the Supreme Court of the State of New York · 1901
- Talcott v. LevyThe Superior Court of New York City · 1892