Otis v. . Williams
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiff, entered upon a verdict. This was an action of trespass for the alleged unlawful taking and converting a quantity .of household furniture.
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Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiff, entered upon a verdict. This was an action of trespass for the alleged unlawful taking and converting a quantity .of household furniture. Plaintiff gave evidence tending to show that she was the owner and in the possession of the premises where the property was at the time of the taking; that the said property was left with her in pledge by Abby P. Stowell, former tenant, to secure a balance of a rent unpaid. Defendant justified the taking, as sheriff of Kings county, under a…
1Opinion of the CourtFolger, J.
If we look at this case, without taking into account the relations of • the plaintiff therein with the defendant in the replevin action, it is shown to us as follows : The plaintiff proved to the satisfaction of the jury, that she had a property in the goods taken by the sheriff, and that they were in her actual possession at the time of the talcing. The verdict of the jury in favor of the plaintiff must be taken to come to that, for they were plainly charged, that to find for the plaintiff, they must first find that the property was left in her hands as a security for rent, and was, at the…
2Cases cited1 opinion
- Bullis v. . MontgomeryNew York Court of Appeals · 1872
3Cited by7 opinions
- Welter v. JacobsonNorth Dakota Supreme Court · 1897
- Foster v. . PettiboneNew York Court of Appeals · 1852
- Einstein v. DunnAppellate Division of the Supreme Court of the State of New York · 1901
- Albany Belting & Supply Co. v. GrellAppellate Division of the Supreme Court of the State of New York · 1901
- Lehman v. MayerAppellate Division of the Supreme Court of the State of New York · 1896
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