Feinberg v. . Allen
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 20, 1911, affirming a judgment in favor of defendant' entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 20, 1911, affirming a judgment in favor of defendant' entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The referee erred in admitting and considering the testimony touching equitable estoppel over plaintiff’s objection; he also erred in refusing to strike out this testimony on plaintiff’s motion; and the Appellate Division erred in affirming the referee’s action, for the reason that equitable estoppel…
1Opinion of the CourtMiller, J.
This is an action for conversion. The answer, so far as material, was a general denial. The plaintiff gave evidence tending to show his ownership of the property in question, which the defendant levied upon under a warrant of attachment issued in an action brought against the plaintiff’s wife, and subsequently sold upon the rendition of a judgment in said action and the issuance of execution thereon. The defendant gave evidence to establish that the plaintiff was estopped to deny that his wife owned the property. That evidence was objected to as inadmissible under the pleadings. The referee…
2Cases cited1 opinion
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