Randall v. Parker
The Superior Court of New York City
Motion for a new trial, in an action of replevin, brought by Isaac Randall against the defendant, for taking certain goods as a deputy-sheriff, on an execution. The facts are stated in the opinion of the court. The judge, at the trial, submitted to the jury whether there was an actual and continued possession of the goods alleged to have been sold to the plaintiff; and if there were not, whether the sale was made in good faith and without any intent to defraud creditors.
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Motion for a new trial, in an action of replevin, brought by Isaac Randall against the defendant, for taking certain goods as a deputy-sheriff, on an execution. The facts are stated in the opinion of the court. The judge, at the trial, submitted to the jury whether there was an actual and continued possession of the goods alleged to have been sold to the plaintiff; and if there were not, whether the sale was made in good faith and without any intent to defraud creditors. He instructed the jury that if there were no such change of possession, it was conclusive evidence of fraud, unless both of…
1Opinion of the CourtDuer, J.
This is an action of replevin, in which the plaintiff seeks to recover certain goods, articles of household furniture, which had been levied upon by the defendant, as a deputy sheriff, under an execution against Theodore Randall, the son of the pDlaintiff That the son was the original owner of the goods, and apparently retained the possession when the levy was made, is not denied; but it is alleged that the plaintiff became the owner by virtue of a bill of sale, executed and delivered to him by his son, on the 12th of May, 1845. The consideration expressed in the bill of sale is $1100, in…
2Cases cited4 opinions
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Doane v. EddyNew York Supreme Court · 1837
- Cole & Thurman v. WhiteNew York Supreme Court · 1841
- Collins v. BrushNew York Supreme Court · 1832
3Cited by8 opinions
- Lesem v. Herriford & LowrySupreme Court of Missouri · 1869
- Betz v. ConnerNew York Court of Common Pleas · 1878
- McCarthy v. McDermottNew York Court of Common Pleas · 1882
- Salmon v. OrserThe Superior Court of New York City · 1856
- Allen v. GrayNew York Supreme Court · 1909
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