76 A.D. 346 | N.Y. App. Div. | 1902
This action was brought to recover damages for the wrongful taking of a piano from the possession of the plaintiff. . It was originally brought against the sheriff of the county of Kings, but the defendants above named have been duly substituted and the action was tried as against them.- The piano was taken to satisfy a judgment against the plaintiff’s daughter, and the sole question at issue was the ownership of the piano. Upon this point there was a distinct ■conflict of evidence, and while it may be that there was more evidence in support of the theory of the defendants, it cannot be ■said that the theory of the plaintiff was not sustained by evidence,
The judgment and order appealed from should be ■ affirmed, with costs.
All concurred.
Judgment and order affirmed, with costs. .