Funk v. Brooklyn Glass & Manufacturing Co.
New York Supreme Court
This is a motion to make a temporary injunction permanent. The defendant is a judgment creditor of Henry Funk, and the other defendant is a city marshal who has levied upon the stock in trade in the plaintiff’s place of business under an execution issued upon such judgment against Henry Funk, and also taken possession of and locked up her said place, and stopped her business.
1Opinion of the Court
Gaynor J.:
The facts in this case are the same as in the case of Sickles v. Coombs, decided in 1894, and that decision is here followed.
The opinion in the case of Sickles v. Coombs, cited by the court in foregoing, is as follows:
“ Gaynor J.:
The plaintiff makes out a case for relief by injunction. The defendant, a constable, has an execution against another person for $166.42 on a judgment-in a justice’s court, and under it has seized the chattels of the plaintiff, consisting of a retail stock in trade and a horse and wagon used in it, all of the value of $4,000, as the plaintiff alleges, and…
2Cases cited4 opinions
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Watson v. SutherlandSupreme Court of the United States · 1867
- Tiernan v. WilsonNew York Court of Chancery · 1822
- McCreery v. SutherlandCourt of Appeals of Maryland · 1865