Schuler v. Roberts
New York Supreme Court
Appeal from circuit court, New York county. Action by Marie Schuler against George H. Roberts and N. Park Collin and John J. Gorman, sheriff of the city and county of New York, for trespass committed in entering on plaintiff’s premises and levying execution on her property, under a judgment in favor of the firm of Roberts & Collin, against her husband. From a judgment for plaintiff, entered on a verdict, and an order denying a new trial, defendants Roberts & Collin appeal.
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Appeal from circuit court, New York county. Action by Marie Schuler against George H. Roberts and N. Park Collin and John J. Gorman, sheriff of the city and county of New York, for trespass committed in entering on plaintiff’s premises and levying execution on her property, under a judgment in favor of the firm of Roberts & Collin, against her husband. From a judgment for plaintiff, entered on a verdict, and an order denying a new trial, defendants Roberts & Collin appeal. Affirmed. The testimony for plaintiff was that on January 28,1891, Roberts, of the firm of Roberts & Collin, came to her…
1Opinion of the CourtLawrence, J.
There was no exception taken .to the charge of the learned justice who presided at the circuit at w'hieh this cause was tried, and the law was correctly stated by him to the jury. There was a plain and palpable conflict' between the evidence given on the part of the plaintiff and defendants in respect to the interview between the plaintiff and the defendant Roberts on the 28th of January, 1891, and as to the interview between her and defendant Collin and the witness Keck on the 29th' of January, 1891, after the levy had been made and the store closed. The jury were judges of the credibility…
2Cases cited1 opinion
- Foo Long v. American Surety Co.New York Supreme Court · 1891
3Cited by1 opinion
- Pickle v. PageAppellate Division of the Supreme Court of the State of New York · 1929