Legal Opinion

Andrews v. . Durant

New York Court of Appeals

Decided March 5, 1859PublishedCited by 21 opinions

Appeal from the Supreme Court. The action was in the nature of trover to recover the value of a barge. The plaintiffs claimed title under a general assignment for the benefit of creditors, made by Bridger & Bishop, who were ship carpenters, and had built the barge under a contract for that purpose with the defendants.

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Appeal from the Supreme Court. The action was in the nature of trover to recover the value of a barge. The plaintiffs claimed title under a general assignment for the benefit of creditors, made by Bridger & Bishop, who were ship carpenters, and had built the barge under a contract for that purpose with the defendants. Bridger & Bishop had commenced the construction of the barge under that contract; had received $3,000 of the $5,000 which was to be paid as purchase money, and the barge, in its unfinished state, was levied on by the sheriff of Ulster, by virtue of several executions against…

1Opinion of the Court

Johnson, Ch. J.

The levy of the sheriff of Ulster on the barge in question, by virtue of executions against Bridger & Bishop, while it transferred the possession of the barge and vested a special property in the sheriff, did not diminish or at all affect the right of Bridger & Bishop, the general owners, to sell and dispose of it, subject to the rights acquired by and incident to the levy. Their assignment, therefore, to the plaintiffs, although it may have been fraudulent as to creditors, and although it was subsequent, in point of time, to the levy, was valid and effectual between the…

2Cases cited1 opinion

  1. Hastings v. BelknapCourt for the Trial of Impeachments and Correction of Errors · 1845

3Cited by21 opinions

  1. Wickham Contracting Co., Inc., Ralph Perone v. Local Union No. 3, International Brotherhood of Electrical Workers, Afl-CioCourt of Appeals for the Second Circuit · 1992
  2. Flamm v. NobleNew York Court of Appeals · 1947
  3. Wilson v. . City of TroyNew York Court of Appeals · 1892
  4. McCormick v. . Pennsylvania Central R.R. Co.New York Court of Appeals · 1872
  5. Rinchey v. . StrykerNew York Court of Appeals · 1863

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