Adams v. Tator
New York Supreme Court
Appeal from circuit court, Schoharie county. Action by Ambrose W. Adams, as constable, etc., against John H. Tator.
1Opinion of the CourtLearned, P. J.
This is an action to recover damages for taking personal property. The plaintiff recovered, and defendant appeals. The plaintiff was in possession of the property by virtue of executions issued on two judgments recovered by one Mickle against one King on confession, March 10, 1885, before a justice of the peace,—one for $500, the other for $200. The defendant took the property by virtue of a chattel mortgage, executed to him by King, December 30, 1884, and not filed until March 14, 1885. On the first trial it was urged that plaintiff was not a constable. That point was disposed of when the…
2Cases cited1 opinion
- Jaffray v. SaussmanNew York Supreme Court · 1889