Legal Opinion

Pinckney v. Darling

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 3 opinions

Appeal by the plaintiff, Charles Cotesworth Pinckney, Jr., from a "judgment of the Supreme Court in ■ favor of the defendant, entered in the office of the clerk of the county of New York on the 1st day of February, 1895, upon the verdict of a jury rendered by direction of the court after a trial at the New York Circuit, and also from an order entered in said clerk’s office on the 1st day of February, 1895, denying the plaintiff’s motion for a new trial made •upon the minutes.

1Opinion of the Court

Patterson, J.:

This appeal is from a judgment in favor of the defendant entered by direction of the court after a trial of the issues, and from an order denying plaintiff’s motion for a new trial. The pleadings present a somewhat unusual situation as regards the attempt at enforcement of a claim of the character sued upon here. The facts as they appear are substantially the following:

The defendant, the sheriff of Suffolk county, on February 18, 1892, levied upon certain personal jn'operty in the possession of the Orient Manufacturing Company at its works in' Suffolk county, under an execution…

2Cases cited7 opinions

  1. Morris v. . TalcottNew York Court of Appeals · 1884
  2. Nichols v. . PinnerNew York Court of Appeals · 1858
  3. Wise v. . GrantNew York Court of Appeals · 1894
  4. Hotchkin v. Third National BankNew York Court of Appeals · 1891
  5. Bristol v. BurtNew York Supreme Court · 1810

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3Cited by3 opinions

  1. Barber Asphalt Paving Co. v. Standard Asphalt Co.Appellate Division of the Supreme Court of the State of New York · 1899
  2. Harrisburg Pipe Bending Co. v. WelshAppellate Division of the Supreme Court of the State of New York · 1898
  3. Miller v. HennessyNew York Supreme Court · 1905

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