Allen v. . Fromme
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 6, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 6, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The judgment upon which the execution for plaintiff’s arrest was based did not belong to the class of cases in which a body execution was authorized to be issued. (Allen v. Becket, 84 N. Y. Supp. 1009; Code Civ. Pro. §§ 548-551, 553; Ins. Co. v. Shuler,…
1Opinion of the CourtWillard Bartlett, J.
This' is an action to recover damages alleged to have been sustained by the plaintiff by reason of the unlawful issuance of an execution against his person at the instance of the defendant. In 1901 Willard S. Allen, the plaintiff herein, brought an action for conversion in the City Court of New York against Mary A. Becket who was engaged in the storage business. The alleged conversion was based upon the refusal of Mary A. Becket to deliver to the plaintiff’s assignor certain personal property which she held on storage unless he paid the cartage and warehouse charges upon the same. The…
2Cases cited3 opinions
- Laverty v. . SnethenNew York Court of Appeals · 1877
- Davids v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Allen v. BecketAppellate Terms of the Supreme Court of New York · 1903
3Cited by5 opinions
- Tompkins v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1910
- Nastasi v. StateNew York Court of Claims · 1949
- Vallon v. RamageNew York Supreme Court · 1949
- H. D. S. Mercantile Corp. v. Monet Fashions, Inc.New York Supreme Court · 1962
- Ritz Carlton Apartments, Inc. v. FriedAppellate Terms of the Supreme Court of New York · 1929