Dickson v. Bickershoff
Appellate Terms of the Supreme Court of New York
Appeal By the plaintiff from a judgment of the Municipal Court of the city of New York, twelfth district, borough of Manhattan, rendered in favor of the defendant for the dismissal of the complaint, hut not upon the merits.
1Opinion of the CourtBischoff, J.
This plaintiff, defendant in an action for replevin, obtained a judgment in that action for the possession of the chattels and also for a sum of money upon distinct counterclaims founded upon certain promissory notes. Upon this judgment he caused execution to issue against the property of the then plaintiff in the form applicable to money judgments, omitting any reference to the chattels, and upon the return of this execution unsatisfied, he brought the present action to recover upon the undertaking in replevin.
The justice dismissed the complaint, but not upon the merits, for the plaintiff’s…
2Cases cited2 opinions
- Gallarati v. . OrserNew York Court of Appeals · 1863
- Cook v. . FreudenthalNew York Court of Appeals · 1880
3Cited by3 opinions
- Wilkins v. WillimonSupreme Court of South Carolina · 1924
- Rushbrook v. Jerge, New York County Courts1911
- Karp v. Bass & Bass, Inc.City of New York Municipal Court · 1919