Axt v. Shankey

New York Supreme Court

Axt v. Shankey

13 N.Y.S. 440, 37 N.Y. St. Rep. 897, 59 Hun 618, 1891 N.Y. Misc. LEXIS 1164

DecidedFebruary 11, 1891

StatusPublished

This text of 13 N.Y.S. 440 (Axt v. Shankey) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Axt v. Shankey, 13 N.Y.S. 440, 37 N.Y. St. Rep. 897, 59 Hun 618, 1891 N.Y. Misc. LEXIS 1164 (N.Y. Super. Ct. 1891).

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Opinion

Dykman, J.

This is an action for the recovery of damages for the wrongful conversion of personal property. The defendant, as sheriff of Rockland county, seized the property in question, and sold the same as the property of Adam Axt, under an execution which he held against his property. The levy and sale under the execution was made upon the theory that the property belonged to Adam Axt, the defendant in the execution, but the referee before whom the action was tried has found against the defendant, and the testimony sustains the finding. As there were no errors committed on the trial, the judgment should be affirmed, with costs.

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Dykman, J.

This is an action for the recovery of damages for the wrongful conversion of personal property. The defendant, as sheriff of Rockland county, seized the property in question, and sold the same as the property of Adam Axt, under an execution which he held against his property. The levy and sale under the execution was made upon the theory that the property belonged to Adam Axt, the defendant in the execution, but the referee before whom the action was tried has found against the defendant, and the testimony sustains the finding. As there were no errors committed on the trial, the judgment should be affirmed, with costs.

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Bluebook (online)

13 N.Y.S. 440, 37 N.Y. St. Rep. 897, 59 Hun 618, 1891 N.Y. Misc. LEXIS 1164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/axt-v-shankey-nysupct-1891.