Legal Opinion

McMahon v. Jacob

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 3 opinions

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

  1. Cole v. Fall Brook Coal Co.New York Supreme Court · 1895
  2. McMahon v. JacobAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by3 opinions

  1. Gutman v. WeisbarthAppellate Division of the Supreme Court of the State of New York · 1920
  2. Lyman v. Village of PotsdamAppellate Division of the Supreme Court of the State of New York · 1923
  3. New York Evening Journal Publishing Co. v. William F. Simpson Advertising Co.Appellate Terms of the Supreme Court of New York · 1908

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