Johnson v. Marks
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment in favor of the defendant, entered upon the verdict of a jury in the Municipal Court of the city of ¡New York, fourth district, borough of Manhattan, and from an order denying a motion to set aside the verdict.
1Opinion of the CourtSeabury, J.
The plaintiff, who was the owner of an automobile, sued the defendant, a city marshal, for damages for conversion. The marshal levied upon the automobile under an execution against the property of the defendant’s husband. After detaining the automobile for sixteen days and before this action was brought, it was, upon a writ of replevin, taken from the possession of the marshal and returned to the plaintiff. The learned court below submitted the case to the jury, upon the theory that it was for them to determine whether or not a levy had been made, and instructed them that, if a levy had been…
2Cases cited5 opinions
- Allen v. . FoxNew York Court of Appeals · 1873
- Reynolds v. ShulerNew York Supreme Court · 1826
- Flagler v. HearstAppellate Division of the Supreme Court of the State of New York · 1904
- Dailey v. CrowleyNew York Supreme Court · 1871
- Hibbard v. StewartNew York Court of Common Pleas · 1856
3Cited by3 opinions
- Colorado Kenworth Corporation v. WhitworthSupreme Court of Colorado · 1960
- Whittler v. SharpUtah Supreme Court · 1913
- Rapid Machine Works, Inc. v. SilbersteinCity of New York Municipal Court · 1930