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25 Misc. 411

Devoe v. Selig

City of New York Municipal Court

Decided December 15, 1898

City of New York Municipal Court · decided 1898-12-15

<p>Action to recover a chattel — Failure to particularly describe the chattels to be replevied.</p> <p>An affidavit in replevin which describes the goods as: Eleven cotton linings, 610 1-4 yds,; 9 cotton linings, 459 yds.; 3 6-4 woolen cloth, 201 4-8 yds., is not a description of the chattels, sufficient within the provisions of section 1695 of the Code of Civil Procedure, to enable a sheriff to determine upon what he is required to replevy, and the writ and requisition should be set aside.</p>

Relies on 8 E.H. Smith 565 - McCarthy v. . Ockerman

Decided 1898-12-15

Schuchman, J.

¶1The chattels are described as follows: Eleven cotton linings, 610 1-4 yds.; 9 cotton linings, 459 yds.; 3 6-4 woolen cloth, 2014-8 yds.

¶2This description is not sufficient to enable the sheriff to determine from it, with some degree of accuracy and intelligence, what he was required to replevy. Van Dyke v. N. Y. State Banking Co., 18 Misc. Rep. 661; 77 N. Y. St. Repr. 736; Schweitering v. Rothschild, 84 N. Y. St. Repr. 206.

¶3In the case of McCarthy v. Ockerman, 154 N. Y. 565, the Court of Appeals held the description sufficient, hut that one is different from the one under consideration. Ho amendment of the affidavit can he allowed on this appeal; because the appeal papers .do not show or recite that the same was asked for on the argument of the motion.

¶4*412Order reversed, with $10 costs and disbursements, and the motion granted, with $10 costs.

¶5Oloott, J., concurs.

¶6Order reversed, with $10 costs, and motion granted, with $10 costs.

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