Claflin v. Flack
New York Court of Common Pleas
Appeal from city court, general term. Action by John Claflin and others against James A. Elack, sheriff of the city and county of New York. Defendant appeals from a judgment of the general term of the city court affirming a judgment for plaintiffs entered on the verdict of a jury, and affirming an order denying a motion for a new trial.
1Opinion of the CourtPryor, J.
Appeal from judgment of the general term of the city court, affirming a judgment on a verdict of a jury and an order denying a motion on the minutes for a new trial. Replevin to recover certain goods or their value, alleged to have been obtained from plaintiffs by fraudulent misrepresentation. The case omits the statement that it contains all the evidence; and so we are precluded from inquiry into the facts by the presumption, in support of the judgment, that the proof was sufficient to carry the case to the jury and to warrant the verdict. Arnstein v. Haulenbeek, 11 N. Y. Supp. 701; Cheney…
2Cases cited1 opinion
- Arnstein v. HaulenbeekNew York Court of Common Pleas · 1890
3Cited by7 opinions
- Howe v. WoolseyNew York Court of Common Pleas · 1894
- Humphrey v. SmithAppellate Division of the Supreme Court of the State of New York · 1896
- McCarthy v. GallagherNew York Court of Common Pleas · 1893
- Wright v. DenistonNew York Court of Common Pleas · 1894
- Dibble v. DimickNew York Court of Common Pleas · 1893
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