Phillips v. . Campbell
New York Court of Appeals
Appeal from, a judgment recovered against the plaintiff in the City Court of Brooklyn, and affirmed by the General Term of the Supreme Court in the second district. The plaintiff brought replevin for a horse and truck alleged to belong to the plaintiff, and to have been taken from him by defendant. The defendant alleged that he took the property, as sheriff, in virtue of an execution against the TJ.
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Appeal from, a judgment recovered against the plaintiff in the City Court of Brooklyn, and affirmed by the General Term of the Supreme Court in the second district. The plaintiff brought replevin for a horse and truck alleged to belong to the plaintiff, and to have been taken from him by defendant. The defendant alleged that he took the property, as sheriff, in virtue of an execution against the TJ. S. Rubber Company, and that the property in question at the time belonged to the company. It was proved, on the trial, that the property in question had been purchased by the plaintiff from the…
1Opinion of the Court
By the Court—Peckham, J.
When the testimony was in, and the parties had rested, the defendant’s counsel requested the court to direct a verdict for the plaintiff, “ on the ground that the pretended sale and transfer of the property of the corporation by Bramhill was unauthorized and void as against the plaintiffs in the execution, and did not divest the corporation of its title thereto; that there was no proof of the authority to him, either express or implied, from the corporation, to dispose of the same, and it was, therefore, properly levied on under the execution against the corporation.”…
2Cases cited1 opinion
- Muldon v. WhitlockNew York Supreme Court · 1823
3Cited by13 opinions
- Rothman & Schneider, Inc. v. BeckermanNew York Court of Appeals · 1957
- McKiernan v. LenzenCalifornia Supreme Court · 1880
- Stevens v. Selma Fruit Co., Inc.California Court of Appeal · 1912
- Commercial Security Co. v. Modesto Drug Co.California Court of Appeal · 1919
- Singer Construction Co. v. GoldsboroughCourt of Appeals of Maryland · 1925
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