Owens v. Flynn
New York Court of Common Pleas
Appeal from eleventh district court. Action by John Owens against Bichard Flynn, one of the marshals of the city of Bew York, to recover $160 damages for the conversion of property alleged to have been held by plaintiff as pledgee, by reason of which conversion, his lien was destroyed. From a judgment in favor of plaintiff, rendered by a justice without a jury, for $40 damages and $5.50 costs, plaintiff appeals. Beversed.
1Opinion of the CourtGiegebich, J.
The plaintiff’s lien as stableman for the sum of $160 was perfected in accordan.ce with the requirements of the statute, (Laws 1892, c. 91; Eckhard v. Donohue, 9 Daly, 214; Lessels v. Farnsworth, 13 Daly, 473,) and no evidence upon which a reduction of the damages by $120 can be based, appears from the record. It is unnecessary to consider whether the liens claimed by the plaintiff as warehouseman and pledgee were sufficiently established, as the judgment cannot stand in any event, not being secundum allegata et probata. Fuld v. Kahn, 4 Misc. Rep. 600, 24 N. Y. Supp. 558. The judgment should…
2Cases cited3 opinions
- Fuld v. KahnNew York Court of Common Pleas · 1893
- Eckhard v. DonohueNew York Court of Common Pleas · 1880
- Lessels v. FarnsworthNew York Court of Common Pleas · 1886
3Cited by1 opinion
- Christie Manuf'g Co. v. Travers Bros.New York Court of Common Pleas · 1895