Grossman v. Walters
New York Supreme Court
Appeal from judgment on report of referee. Action by George J. Grossman against Ephraim M. Kantrowitz, Richard. N. Walters, and Charles F. Walters, to recover possession of goods alleged to have been fraudulently purchased from various assignors of plaintiff by defendant Kantrowitz, and of which defendants Walters were alleged to be in possession. Defendant Kantrowitz did not answer the complaint. Code Civil Proe.
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Appeal from judgment on report of referee. Action by George J. Grossman against Ephraim M. Kantrowitz, Richard. N. Walters, and Charles F. Walters, to recover possession of goods alleged to have been fraudulently purchased from various assignors of plaintiff by defendant Kantrowitz, and of which defendants Walters were alleged to be in possession. Defendant Kantrowitz did not answer the complaint. Code Civil Proe. N. Y. § 1726, relating to actions to recover chattels, provides that “the verdict, report, or decision must fix the damages, if any, of the prevailing party. When it awards to the…
1Opinion of the Court
Daniels, J .
The plaintiff, as the assignee of his own firm and of six other parlies, brought this action to recover the possession of personal property sold and delivered to Ephraim M. Kantrowitz. The sales were made partly in May, but mainly in June, 1888, and they consisted generally of furniture and carpetings. On the 29th of June, 1888, Kantrowitz, the purchaser, sold and transferred to the firm of H. B. Claflin & Co. “the stock, fixtures, store and office furniture, good-will, trade-marks, horse, harness, and truck, and another property connected with or pertaining to the store of the…
2Cases cited6 opinions
- Weaver v. . BardenNew York Court of Appeals · 1872
- Starin v. . KellyNew York Court of Appeals · 1882
- Stevens v. . BrennanNew York Court of Appeals · 1879
- Crim v. . StarkweatherNew York Court of Appeals · 1882
- May v. . WalterNew York Court of Appeals · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Tripp v. SmithAppellate Division of the Supreme Court of the State of New York · 1900