Cassidy v. Taylor Brewing & Malting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Taylor Brewing and Malting Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Fulton on the 7th day of June, 1902, upon the verdict of a jury, and also from, an order entered in said clerk’s office on the 7th day of June, 1902, denying the defendant’s motion for a new trial made upon the min.utes.
1Opinion of the Court
Kellogg, J.:
The defendant sold under execution against one Bogaskie certain property claimed by defendant to be personal property, and at the sheriff’s sale it was bid in by plaintiff for $210. A part of the property so sold was afterwards adjudged to be realty and title thereto did not pass to the purchaser. There was evidence, given upon the trial that the value of the property to which plaintiff took title under this sale was less than the sum bid. In the action against plaintiff and others in which it was adjudged that some portion of the prop^ erty sold was real estate the plaintiff…
2Cases cited2 opinions
- Rickert v. SynderNew York Supreme Court · 1832
- Westervelt v. SmithThe Superior Court of New York City · 1852
3Cited by4 opinions
- Lavorato v. Bethlehem Steel Corp.Appellate Division of the Supreme Court of the State of New York · 1983
- Colon v. Automatic Retailers Ass'n Service, Inc.Civil Court of the City of New York · 1972
- In re the Estate of CampbellNew York Surrogate's Court · 1941
- Green River Distilling Co. v. Massachusetts Bonding & InsuranceAppellate Division of the Supreme Court of the State of New York · 1921