Hicenbothem v. Lowenbein
The Superior Court of New York City
Appeal from a judgment entered on the verdict of a jury, and from an order made at special term denying a motion for a new trial. The action was brought to recover damages against the defendant for having, by himself, servants, agents and employees, “forcibly, willfully, wrongfully and unlawfully” taken personal property from the premises occupied by the plaintiff; and also for doing the same “ carelessly,” negligently, willfully and maliciously.
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Appeal from a judgment entered on the verdict of a jury, and from an order made at special term denying a motion for a new trial. The action was brought to recover damages against the defendant for having, by himself, servants, agents and employees, “forcibly, willfully, wrongfully and unlawfully” taken personal property from the premises occupied by the plaintiff; and also for doing the same “ carelessly,” negligently, willfully and maliciously. Also for the conversion of a certain workshop, the same being personal property. The answer avers the issuing of a warrant, and the proceedings…
1Opinion of the Court
By the Court, McCunn, J.
This is an action for injury to personal property, and also for the conversion of property. Damages were laid by the plaintiff at $5000.
Tt appears from the pleadings and by the evidence in the case, that the plaintiff, as tenant, occupied certain premises known as 241 Bowery, in the city of New York, and that on the 1st of May, 1856, he held over after the expiration of his lease. The defendant, the incoming tenant, under a new lease and by virtue of the statute giving him the right, took legal steps to evict the plaintiff, and procured the proper warrant for that…
2Cited by1 opinion
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