Ebenreiter v. Dahlman
Appellate Terms of the Supreme Court of New York
■ Appeal by defendants from an affirmance by the General Term of the City Court of a judgment entered upon a verdict in favor off plaintiff for $700, and interest.
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■ Appeal by defendants from an affirmance by the General Term of the City Court of a judgment entered upon a verdict in favor off plaintiff for $700, and interest. The action was for damages' against the indemnitors of the sheriff for seizing the property off the plaintiff and taking possession of her place of -business at- ¡No. 977 Park avenue under an attachment against one Bheinfeldt, alleged by the answer to be the owner of, or to have a leviable' interest in the property seized.
1Opinion of the CourtDaly, P. J.
The plaintiff-claimed to be-the owner of the attached property by virtue of a bill of sale executed, by the attachment debtor before the levy. The bona fides of this conveyance was the principal issue on the trial, and.the verdict of the jury established the plaintiff’s right. She was, therefore, entitled to recover . the value of .the stock and fixtures seized by the sheriff; and having been excluded by him from her place of business, is also entitled to the loss of profits while he remained ™ possession.
The complaint claimed $1,000 damages, of which $750, was for the value of the property…
2Cases cited4 opinions
- Schile v. . BrokhahusNew York Court of Appeals · 1880
- Eckensberger v. AmendNew York Court of Common Pleas · 1894
- Imhorst v. BurkeNew York Court of Common Pleas · 1877
- Sweetser v. CameronNew York Court of Common Pleas · 1893
3Cited by5 opinions
- Rheinfeldt v. DahlmanAppellate Terms of the Supreme Court of New York · 1897
- Scott v. YeandleAppellate Terms of the Supreme Court of New York · 1897
- Manning v. WestAppellate Terms of the Supreme Court of New York · 1897
- Morris v. MurrayAppellate Terms of the Supreme Court of New York · 1898
- Stock v. Le BoutillierAppellate Terms of the Supreme Court of New York · 1897