Penfield v. Sage
New York Supreme Court
Appeal from judgment on report of referee. Action by Thomas D. Penfield against John L. Sage, surviving partner of Ghauncey S. Sage, deceased, for the conversion of certain logs. From the judgment entered on the report of a referee, awarding plaintiff $36.85 damages, and allowing defendant as offset $150.04 costs, leaving judgment in favor of defendant for $121.19, plaintiff appeals.
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Appeal from judgment on report of referee. Action by Thomas D. Penfield against John L. Sage, surviving partner of Ghauncey S. Sage, deceased, for the conversion of certain logs. From the judgment entered on the report of a referee, awarding plaintiff $36.85 damages, and allowing defendant as offset $150.04 costs, leaving judgment in favor of defendant for $121.19, plaintiff appeals. Plaintiff’s complaint averred that the defendant’s firm “took and carried away birch and maple lumber, and converted the same to their own use;” and the plaintiff “waives the tort growing out of the transaction…
1Opinion of the CourtHardest, P. J.
Barker v. Mathews, 1 Denio, 335, is an authority to the effect that the plaintiff, a judgment creditor, “cannot sustain an action against a wrongdoer [the defendant here] for taking property out of the possession of the officer.” That case *995was adverted to by G-ridley, J., in Harsh v. White, 3 Barb. 523, but the doctrine was not disturbed. Plaintiff’s execution upon a judgment against Burritt having been issued to the sheriff oí Oswego county, was levied on the property of and in the possession of Burritt on the 19th of March, 1888, and full notice thereof given to Burritt, the judgment…
2Cases cited7 opinions
- Silsbury & Calkins v. McCoon & ShermanNew York Court of Appeals · 1850
- Hughes v. United Pipe LinesNew York Court of Appeals · 1890
- Hyde & Everit v. CooksonNew York Supreme Court · 1855
- Barker v. MathewsCourt for the Trial of Impeachments and Correction of Errors · 1845
- Dudley v. HawleyNew York Supreme Court · 1863
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