Smith v. Holt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Marvin Holt, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of St. Lawrence on the 12th day of May, 1898, upon the verdict of a jury, and also from an order bearing date the 2d day of May, 1898, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Marvin Holt, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of St. Lawrence on the 12th day of May, 1898, upon the verdict of a jury, and also from an order bearing date the 2d day of May, 1898, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover for the alleged conversion of goods taken by the defendant, a constable, from the possession of the plaintiff under a warrant of attachment issued by a justice of the peace…
1Opinion of the Court
Putnam, J.:
It was shown that the plaintiff was in the actual possession of the property described in the complaint at the time of the seizure thereof by the defendant under the warrant of attachment. This was enough without any other evidence of title to authorize the maintenance of the action. ( Van Etten v. Hurst, 6 Hill, 311, 312; Wheeler v. Lawson, 103 N. Y. 40; Stowell v. Otis, 71 id. 36.)
The plaintiff being thus in the possession of the property at the time of its seizure by the defendant under an attachment against a third party, the defendant was not in a position to attack the…
2Cases cited9 opinions
- Wheeler v. . LawsonNew York Court of Appeals · 1886
- Thorington v. . MerrickNew York Court of Appeals · 1885
- Sheldon v. . Van BuskirkNew York Court of Appeals · 1849
- Tiffany v. . LordNew York Court of Appeals · 1875
- Van Kirk v. WildsNew York Supreme Court · 1851
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3Cited by2 opinions
- State v. WymbsHamilton County Municipal Court · 1984
- Mitchell v. AndersonNew York Supreme Court · 1900