Wallingford v. Kaiser
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Harry M. Kaiser,, as-sheriff of the county of Erie, from a judgment of the Supreme Court in 'favor of the plaintiff, entered in the office of the clerk of tk¡@ county of Ezie on the 31st day óf March, 1905, upon tlie.veizdict of a jury rendei'ed' by direction of the court after a trial at the' Erie Trial Term, and also from an order entered iii said clerk’s office on the lY.th day of February, 1905, denying the defendant’s motion for a. new trial…
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Appeal by the defendant, Harry M. Kaiser,, as-sheriff of the county of Erie, from a judgment of the Supreme Court in 'favor of the plaintiff, entered in the office of the clerk of tk¡@ county of Ezie on the 31st day óf March, 1905, upon tlie.veizdict of a jury rendei'ed' by direction of the court after a trial at the' Erie Trial Term, and also from an order entered iii said clerk’s office on the lY.th day of February, 1905, denying the defendant’s motion for a. new trial made upon the minutes. ‘ . . ' .
1Dissent
Spring, J. (dissenting):
The action is conversion to recover the value of sixteen horses which, it is alleged, the defendant unlawfully took from the possession of the plaintiff. The defendant, who was the sheriff of the county of Erie, justified under a warrant of attachment issued in an action against one Johnson, and seized and sold the property at Buffalo upon the assumption that it belonged to said Johnson. At *507the close of the evidence each side moved for a direction of a verdict and the court' ordered a verdict for the plaintiff, submitting, however, the question of damages to the jury.…
2Cases cited7 opinions
- Slocovich v. Orient Mutual InsuranceNew York Court of Appeals · 1888
- Whiton v. . SnyderNew York Court of Appeals · 1882
- McCollum v. . SewardNew York Court of Appeals · 1875
- Whitbeck v. New York Central Rail RoadNew York Supreme Court · 1862
- Smith v. Indianapolis & St. Louis RailroadIndiana Supreme Court · 1881
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