Legal Opinion

Smith v. Healey

Appellate Terms of the Supreme Court of New York

Decided February 18, 1910PublishedCited by 1 opinion

Appeal from City Court of New York, Trial Term. Action by Philip Smith against Edward J. Healey, as one of the marshals of the city of N^w York, and the National Enameling & Stamping Company. From a judgment for defendant Healey, from an order denying a new trial, and from an order dismissing the complaint as to defendant company, plaintiff appeals.

1Opinion of the CourtSeabury, J.

This is an action to recover damages for conversion. The complaint alleges that on April 16, 1906, while plaintiff was the owner of certain chattels, the defendants converted the same, that *231such chattels were of the value of $1,000, and demands judgment for this amount. The defendant Healey was one of the marshals of the city of New York, and in his answer pleaded that the chattels which he was alleged to have converted were the property of one Morris Rothheim, and that he had taken such property under and by virtue of a warrant of attachment duly issued to him against said Rothheim, and that…

2Cases cited3 opinions

  1. Dyett v. . HymanNew York Court of Appeals · 1891
  2. Tiffany v. . LordNew York Court of Appeals · 1875
  3. Sloan v. National Surety Co.Appellate Division of the Supreme Court of the State of New York · 1906

3Cited by1 opinion

  1. Geller v. RosenfeldAppellate Division of the Supreme Court of the State of New York · 1910

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