New York Supreme Court, 1891

Axt v. Shankey

Axt v. Shankey
New York Supreme Court · Decided February 11, 1891 · Dykman
13 N.Y.S. 440; 37 N.Y. St. Rep. 897; 59 Hun 618; 1891 N.Y. Misc. LEXIS 1164 (New York Supplement)

Counsel

George W. Weiant, for appellant. Frank Comesky, for respondents.

Axt v. Shankey

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.