15 Abb. Pr. 402 | The Superior Court of New York City | 1873
This action was brought by the plaintiff against the late sheriff of the city and county of New York, to recover the value of certain merchandise taken by said sheriff from the possession of the plaintiff under process of court not directed against the plaintiff. In March, 1869, the goods were sold by Wheelright, Pippey & Co., of New York, to the firm of Marks & Cohen, then doing business at No. 100 Chambers-street, in the city of New York.
The sheriff levied upon these cases, while they were on storage in the storehouse No. 28 Jay-street, in the name of the plaintiff, under and by virtue of an attachment procured by Wheelright, Pippey & Co. against the property of Marks & Cohen, and in doing so claimed that they really belonged to Marks & Cohen, and that the Ownership in Harris Marks, as claimed on the part of the plaintiff, was simulated, and constituted merely part of a scheme to defraud the creditors of Marks & Cohen. The questions of fact involved in the case were fully and fairly submitted to the jury, under a charge to which the defendant took no exception, and they were determined by the jury in favor of the plaintiff.
No motion to dismiss the complaint was made at ■ any time, nor did the defendant ask for the direction of a verdict. Defendant’s motion for a new trial upon the judge’s minutes was, therefore, properly denied (Rowe v. Stevens, 12 Abb. Pr. N. S., 389).
The only remaining questions relate to the rulings of the court below in permitting Harris Marks to answer certain interrogatories. He was called as a witness for the plaintiff, and placed upon the stand
Neither the questions in the case at bar, nor the answers thereto, were subject to the criticism that they
The judgment and order should be affirmed, with costs.
Barbour, Ch. J., and Monell, J., concurred.