Hersee v. . Porter
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made the second Tuesday of June, 1883, which affirmed a judgment in favor of defendant, entered upon the report of a referee. This action was for the alleged conversion of certain personal property. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made the second Tuesday of June, 1883, which affirmed a judgment in favor of defendant, entered upon the report of a referee. This action was for the alleged conversion of certain personal property. The material facts are stated in the opinion. When the distraint and sale of the property described in the complaint was made the plaintiffs were the absolute owners, and entitled to the immediate actual possession thereof. (Thomas on Mort. 445, 509, 510; Brown v. Bennett, 8…
1Opinion of the CourtAndrews, J.
The defendant claims title to the horses, omnibus and baggage wagon, for the conversion of which this action is brought as purchaser at a sale thereof by the tax collector of Niagara Falls, on the 30th day of September, 1879, by virtue of a tax warrant duly issued for the collection of a tax assessed on the real estate of one Fulton in said village, used for hotel purposes, for the sum of $398.96, the sale having been made by the collector pursuant to said warrant to satisfy the tax. The property on and prior to October 14, 1877, was owned by Fulton, and was used by him in connection with his…
2Cases cited5 opinions
- People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
- Sears v. CottrellMichigan Supreme Court · 1858
- Sheldon v. . Van BuskirkNew York Court of Appeals · 1849
- Spencer v. M'GowenNew York Supreme Court · 1835
- Holt v. JohnsonNew York Supreme Court · 1817
3Cited by15 opinions
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- Waters Co. v. . GerardNew York Court of Appeals · 1907
- State v. Central Trust Co.Court of Appeals for the Eighth Circuit · 1899
- International Harvester Credit Corp. v. GoodrichSupreme Court of the United States · 1956
- Territory of Arizona v. BarthArizona Supreme Court · 1887
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