Hills v. White
New York Supreme Court
Appeal from circuit court, Schuyler county. Action by E. Darwin Hills against Charles W. White, sheriff, for the wrongful seizure of goods. From a judgment for plaintiff, and an order refusing a motion for a new trial on a case made, defendant appeals.
1Opinion of the CourtHarden, P. J.
1. Plaintiff in Ms complaint alleges that on the 26th of March, 1890, he “was the owner and in possession of a stock of drugs, chemicals, * * * all contained in the store tNo. 2 Tracy Block,’ so called, situate in the village of Havana.” He also alleges in his complaint that on the 11th of March, 1890, he purchased the stock, the property aforesaid, of one John H. Hanson, in payment of an indebtedness of $1,494.95; and that, by the terms of the purchase, he was to proceed to sell the property, and retain therefrom the said indebtedness of $1,494.95, and, if there was any further sum realized…
2Cases cited2 opinions
- Nichols v. MeadNew York Supreme Court · 1870
- Cook v. BennettNew York Supreme Court · 1891