Day v. . Bach
New York Court of Appeals
Appeal from order of the General Term of the- Superior Court of the city of New York, made December 6, 1880, reversing a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 14 J. & S. 460.) This action was brought by plaintiff, as assignee, for the benefit of creditors of David Schener, to recover'for an alleged conversion by defendants, of property belonging to Schener. The material facts are stated in the opinion.
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Appeal from order of the General Term of the- Superior Court of the city of New York, made December 6, 1880, reversing a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 14 J. & S. 460.) This action was brought by plaintiff, as assignee, for the benefit of creditors of David Schener, to recover'for an alleged conversion by defendants, of property belonging to Schener. The material facts are stated in the opinion. It cannot be presumed that the warrant of attachment was vacated for error, and not for irregularity, because affidavits were used on behalf of the Scheners…
1Opinion of the Court
Andrews, Ch. J.
The complaint alleges the wrongful taking and conversion by the defendants, of certain goods and chattels, the property of the plaintiff’s assignor, of the value of $1,800, for which sum it demands judgment. The ground of the action, as disclosed on the trial, was the seizure of the property by the sheriff, under an attachment issued upon the application'of the defendants, in. an action brought by them against the plaintiff’s assignor and others, which was afterward vacated. The attachment was issued on the ground that the defendants in the attachment suit were about to assign,…
2Cases cited3 opinions
- Jackson ex dem. Saunders v. CadwellNew York Supreme Court · 1824
- Reynolds v. HarrisCalifornia Supreme Court · 1860
- Kissock v. GrantNew York Supreme Court · 1861
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- Lane v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Oklahoma · 1907
- Siegel v. Northern Boulevard & 80th Street Corp.Appellate Division of the Supreme Court of the State of New York · 1968
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