Diener v. Schwab

Appellate Terms of the Supreme Court of New York

Diener v. Schwab

27 Misc. 544, 58 N.Y.S. 362

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 15, 1899

StatusPublished

This text of 27 Misc. 544 (Diener v. Schwab) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Diener v. Schwab, 27 Misc. 544, 58 N.Y.S. 362 (N.Y. Ct. App. 1899).

Pincite

Opinion

MacLean, J.

The action was for wrongful detention of personal property, and the answer a general denial.

The plaintiffs brought replexdn fqr goods which-they had sold and 'delivered"to -ene'Mandel, just previous to Mandel’s failure. .The goods were found in the "possession of .the defendant* who claimed to have bought them acting for another person, "one Eetterer, who testified that he had purchased and paid value for the goods,"in which statement hq was corroborated by the testimony of 'the defendant’s counsel apd clerk. This evidence* tending to show property" in a stranger and connecting the defendant himself therewith, béing in nowise contradicted or discredited, requires [545]*545the reversal of the judgment. Gerber v. Monie, 56 Barb. 652; Stowell v. Otis, 71 N. Y. 36.

Freedman, P. J., concurs; Leventritt, J., concurs 'in result.

Judgment reversed and new trial ordered, with costs to appellant to abide event.

Free access — add to your briefcase to read the full text and ask questions with AI

MacLean, J.

The action was for wrongful detention of personal property, and the answer a general denial.

The plaintiffs brought replexdn fqr goods which-they had sold and 'delivered"to -ene'Mandel, just previous to Mandel’s failure. .The goods were found in the "possession of .the defendant* who claimed to have bought them acting for another person, "one Eetterer, who testified that he had purchased and paid value for the goods,"in which statement hq was corroborated by the testimony of 'the defendant’s counsel apd clerk. This evidence* tending to show property" in a stranger and connecting the defendant himself therewith, béing in nowise contradicted or discredited, requires [545]*545the reversal of the judgment. Gerber v. Monie, 56 Barb. 652; Stowell v. Otis, 71 N. Y. 36.

Freedman, P. J., concurs; Leventritt, J., concurs 'in result.

Judgment reversed and new trial ordered, with costs to appellant to abide event.

Cite This Page — Counsel Stack

Bluebook (online)

27 Misc. 544, 58 N.Y.S. 362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diener-v-schwab-nyappterm-1899.

Opinion

Related

Cite This Page — Counsel Stack