Kirchner v. New Home Sewing-Machine Co.
New York Supreme Court
Appeal from circuit court, Kings county. Action by Gustav A. Kirchner against the New Home Sewing-Machine Company to recover damages for a forcible entry on his premises, and conversion of his goods, by defendant. Code Civil Proc. N. Y. § 1669, provides that a person forcibly ejected from real property may recover treble damages therefor in an action against the wrong-doer. Prom a judgment for plaintiff, entered on the verdict of a jury, defendant appeals. Affirmed.
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Appeal from circuit court, Kings county. Action by Gustav A. Kirchner against the New Home Sewing-Machine Company to recover damages for a forcible entry on his premises, and conversion of his goods, by defendant. Code Civil Proc. N. Y. § 1669, provides that a person forcibly ejected from real property may recover treble damages therefor in an action against the wrong-doer. Prom a judgment for plaintiff, entered on the verdict of a jury, defendant appeals. Affirmed. Prom an order denying a motion for treble damages plaintiff appeals. Affirmed. Por former report, see 13 N. Y. Supp. 473.
1Opinion of the CourtPratt, J.
In 1885, the parties, plaintiff and defendant, each claimed an indebtedness against the other. Defendant caused the plaintiff to be arrested, and to gain his liberty he executed a bill of sale of eight sewing-machines and other property as security for any balance he should be found to owe. Their, dealings continued, and, not getting a settlement, plaintiff, claiming a large balance due him, began an action for an accounting, and for the cancellation of the bill of sale. He also obtained an injunction against interference with his property. In disregard of the injunction, defendant’s servants…
2Cases cited1 opinion
- Kirchner v. New Home Sewing-Machine Co.New York Supreme Court · 1891