Emerson v. Bleakley
New York Court of Appeals
Appeal from a judgment. ■ This action was brought by Jesse M. Emerson, successor of Robert Grant, deceased, assignee of William Montgomery (plaintiff, and respondent), against William Bleakley, Jr., Sheriff, &c.
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Appeal from a judgment. ■ This action was brought by Jesse M. Emerson, successor of Robert Grant, deceased, assignee of William Montgomery (plaintiff, and respondent), against William Bleakley, Jr., Sheriff, &c. (defendant and appellant). On or about Dec. 17, 1859, one Alfred Booth obtained a judgment in the supreme court, in Westchester county, against William Montgomery and William Garabrant for $2,268.38 on two promissory notes made by them as “Montgomery & Co.” On the 20th of the same month, 1859, Booth caused execution thereon against the property of Montgomery and Garabrant, to be…
1Opinion of the CourtHunt, J.
—The appellant claims a reversal of the judgment below, on the ground that this being an action • of replevin, for a tortious taking of the property in question by the defendant from the possession of Grant, the action abated by the' death of Grant, in whom the right of action existed. Grant died a year and a half before the trial occurred on which the present judgment was rendered; and the claim involves the invalidity of all the proceedings subsequent to his death. The appellant also claims that the existence of a verdict in favor of Grant, at the time of his death, places the plaintiff in…
2Cases cited6 opinions
- Savage v. . BurnhamNew York Court of Appeals · 1858
- Clark v. SkinnerNew York Supreme Court · 1823
- Dunham v. WyckoffNew York Supreme Court · 1829
- Webbers' Executors v. UnderhillNew York Supreme Court · 1838
- De Peyster v. FerrersNew York Court of Chancery · 1844
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