Staats v. . Bristow
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, affirming a judgment in favor of defendant entered upon a decision of the court on trial without a jury. This action was brought against defendant as assignee of Joseph Stockbridge and Henry F. Martin, composing the firm of Stockbridge & Martin, to determine the title to, and the interests of the parties in, certain property formerly assets of the firm.
Read the full summary
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, affirming a judgment in favor of defendant entered upon a decision of the court on trial without a jury. This action was brought against defendant as assignee of Joseph Stockbridge and Henry F. Martin, composing the firm of Stockbridge & Martin, to determine the title to, and the interests of the parties in, certain property formerly assets of the firm. The court found substantially the following facts : On and prior to November 30, 1874, said- Stockbridge & Martin, as…
1Opinion of the CourtFolger, J.
The defendant had the possession of certain personal property, to which the plaintiff claims that he was entitled. It was, of course, incumbent upon the plaintiff to show and establish his title. He showed that he was the purchaser at a sheriff’s sale. The certificate given by the sheriff does not say that the plaintiff bought the property itself; it says that he bought, only, all the right, title and interest which Joseph Stockbridge had in it on the 30th November, 1874. The sheriff’s return on the execution upon which he sold is the same. The execution on which the sale took place directed…
2Cases cited1 opinion
- Van Brunt v. . ApplegateNew York Court of Appeals · 1871
3Cited by11 opinions
- Valaske v. WirtzCourt of Appeals for the Sixth Circuit · 1939
- Yerkes v. . McFaddenNew York Court of Appeals · 1894
- Hill v. BellSupreme Court of Missouri · 1892
- Hannon v. O'DellSupreme Court of Connecticut · 1899
- Buckingham v. SwezeyNew York Supreme Court · 1881
6 more not listed; retrieve them via the Exa API.