Jackson v. Bowker

New York Supreme Court

Jackson v. Bowker

53 N.Y.S. 585

DecidedApril 26, 1897

StatusPublished

This text of 53 N.Y.S. 585 (Jackson v. Bowker) 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

Jackson v. Bowker, 53 N.Y.S. 585 (N.Y. Super. Ct. 1897).

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Opinion

McLennan, j.

I find as conclusions of law: 1. That the execution issued upon the judgment recovered by William H. Carver against Isabell Taylor to William H. Carver as constable, and the levy and sale made by him thereunder, were null _and void, and of no effect, and the defendant Alden Bowker acquired no right, title, or interest in the said chattels hereinafter described.

2. That the plaintiff acquired good and valid title in and to the said chattels under the said chattel mortgage and the sale had thereunder, and was entitled to the possession thereof at the time of the demand and refusal hereinbefore mentioned.

3. That the plaintiff is entitled to recover from the defendant the possession of the chattels described as follows: * * * The value of which is hereby fixed at $50, with 6 cents damages, and the costs of this action.

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McLennan, j.

I find as conclusions of law: 1. That the execution issued upon the judgment recovered by William H. Carver against Isabell Taylor to William H. Carver as constable, and the levy and sale made by him thereunder, were null _and void, and of no effect, and the defendant Alden Bowker acquired no right, title, or interest in the said chattels hereinafter described.

2. That the plaintiff acquired good and valid title in and to the said chattels under the said chattel mortgage and the sale had thereunder, and was entitled to the possession thereof at the time of the demand and refusal hereinbefore mentioned.

3. That the plaintiff is entitled to recover from the defendant the possession of the chattels described as follows: * * * The value of which is hereby fixed at $50, with 6 cents damages, and the costs of this action.

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Bluebook (online)

53 N.Y.S. 585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-bowker-nysupct-1897.