Hibbard v. Stewart
New York Court of Common Pleas
This was an appeal from a judgment of the Marine Court. The action was brought to recover damages for taking and carrying away two oil cloths, claimed to belong to the plaintiff, of the alleged value of sixty dollars. On the trial, the plaintiffs had judgment for sixty dollars and costs, and defendant appealed. The facts are stated in the opinion of the court.
1Opinion of the Court
Ikgraham, Eirst Judge. —
Carr, being the owner of some property in a house on the Fourth avenue, gave to Clark & Allen a mortgage on certain portions of it. Clark k Allen foreclosed their mortgage, bought in the property, and leased the same to the plaintiffs, who took possession thereof. The defendant, having a judgment against Carr, levied upon and sold two of the oil cloths in the premises leased to the plaintiffs. After the levy, Clark agreed with the defendant that he should return the oil cloths, or such as he had not sold, and that the same wore to be paid for by the losing party in an…
2Cases cited1 opinion
- Hanmer v. WilseyNew York Supreme Court · 1837
3Cited by5 opinions
- Johnson v. MarksAppellate Terms of the Supreme Court of New York · 1910
- Lambertson v. Van BoskerkNew York Supreme Court · 1875
- Scobell v. BlockNew York Supreme Court · 1894
- Bracken v. Atlantic Trust Co.New York Supreme Court · 1898
- McCauley v. BrownNew York Court of Common Pleas · 1869