Kirschberg v. Coghlan
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of Hew York, second district, borough of Manhattan.
1Opinion of the CourtSeabury, J.
This action was originally brought against William F. Ooghlan as a marshal of the city of Hew York, to recover damages for a wrongful levy made under a warrant of attachment alleged to have been made by said Coghlan as marshal on September 27, 1906. The action was commenced on March 26, 1908. The only question involved upon this appeal is whether this action is barred by the Statute of Limitations. The pleadings and the proof show that, in making the levy, the defendant assumed to act as marshal and acted in good faith, believing that he had authority to act.
His act was, therefore, not merely…
2Cases cited1 opinion
- Dennison v. PlumbNew York Supreme Court · 1854
3Cited by3 opinions
- Regan v. SullivanCourt of Appeals for the Second Circuit · 1977
- Carrasco v. KleinDistrict Court, E.D. New York · 1974
- Regan v. SullivanCourt of Appeals for the Second Circuit · 1977