Jacob v. Watkins
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Clarence S. Watkins, from a judgment of the County Court of Queens county in favor of the plaintiff, entered in the office of the clerk of the county of Queens oii the 2Jth day of December 1895, upon the verdict of a jury rendered by direction of the court after a trial at the.
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Appeal by the defendant, Clarence S. Watkins, from a judgment of the County Court of Queens county in favor of the plaintiff, entered in the office of the clerk of the county of Queens oii the 2Jth day of December 1895, upon the verdict of a jury rendered by direction of the court after a trial at the. Queens County Court, and also from an order .entered in said clerk’s office on.the 21st day, of December, 1895, denying the defendant’s motion for a new trial made upon the minutes.'
1Per curiam
This action is in replevin to recover a piano and damages for its detention, The plaintiff and his co-partñérs consigned -the piano to one .John McCramm for sale on their account, the piano to remain their property until sold by McCramm;, The property was seizedqn an execution against McCramm and sold-to the defendant.
We-think it plain that the deten dent acquired no title to the piano by the execution sale against McCramm.- The ruling -of the *423trial court in this respect was correct. But the value of the property was to be assessed by the jury. The plaintiff’s testimony in that respect was…
2Cases cited1 opinion
- Campbell v. . WoodworthNew York Court of Appeals · 1859
3Cited by1 opinion
- Jacob v. WatkinsAppellate Division of the Supreme Court of the State of New York · 1896