Montignani v. E. V. Crandall Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The E. Y. .Crandall Company and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the toh day of February, 1898, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 29th day of April, .1898,. denying the defendant’s motion for a new' trial made upon the minutes,
1Opinion of the Court
Hatch, J.:
This action was brought against the sheriff of Kings county for the conversion of personal property. Claim of ownership in the plaintiff having been made when the sheriff levied upon the property, he demanded a bond of indemnity which the defendants gave thereupon the sheriff to'ok the property, and this action having been brought against him, the defendants were substituted as parties, defendant. The evidence warranted the jury in finding that the property was not owned by the defendant in .the execution under which the sheriff acted. This would lead to an affirmance of the…
2Cases cited2 opinions
- Parmenter v. . FitzpatrickNew York Court of Appeals · 1892
- Bowdish v. PageNew York Supreme Court · 1894
3Cited by5 opinions
- Gray v. Brooklyn Union Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Moore v. LachmundOregon Supreme Court · 1911
- Rollins v. Sidney B. Bowman Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Goodman v. McGonigleAppellate Terms of the Supreme Court of New York · 1911
- McGrath v. AlgerAppellate Division of the Supreme Court of the State of New York · 1899