McMahon v. Jacob
Appellate Division of the Supreme Court of the State of New York
Appeal by the • defendants, Christian A. Jacob (sued as Jacob ^Brothers) and another, from a judgment of the Supreme Court' in •favor of the plaintiff, entered in the office of the clerk- of the county ■of Kings on the 18th day of October, 1901, upon the verdict of a jury, and also from an order entered in said -clerk’s office on the ' 18th day of October, 1901, denying said defendants’ motion for anew trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
This action was brought to recover damages for the wrongful taking of a piano from the possession of the plaintiff. . It was originally brought against the sheriff of the county of Kings, but the defendants above named have been duly substituted and the action was tried as against them.- The piano was taken to satisfy a judgment against the plaintiff’s daughter, and the sole question at issue was the ownership of the piano. Upon this point there was a distinct ■conflict of evidence, and while it may be that there was more evidence in support of the theory of the defendants, it…
2Cases cited2 opinions
- Cole v. Fall Brook Coal Co.New York Supreme Court · 1895
- McMahon v. JacobAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- Gutman v. WeisbarthAppellate Division of the Supreme Court of the State of New York · 1920
- Lyman v. Village of PotsdamAppellate Division of the Supreme Court of the State of New York · 1923
- New York Evening Journal Publishing Co. v. William F. Simpson Advertising Co.Appellate Terms of the Supreme Court of New York · 1908