Legal Opinion

Gill v. . McNamee

New York Court of Appeals

Decided March 17, 1870PublishedCited by 11 opinions

Appeal from a judgment of the General Term, second district, affirming a judgment for the plaintiff, rendered on a verdict in the city court of Brooklyn. The action was brought to recover the value of a store of goods in Brooklyn, which the plaintiff claimed to own, and to which she derived title by transfer from one Andrew Gill.

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Appeal from a judgment of the General Term, second district, affirming a judgment for the plaintiff, rendered on a verdict in the city court of Brooklyn. The action was brought to recover the value of a store of goods in Brooklyn, which the plaintiff claimed to own, and to which she derived title by transfer from one Andrew Gill. After the transfer to her, the defendant, McMamee, as sheriff, levied attachments in favor of the other defendants, and at their direction, issued against Andrew Gill, upon the goods, and they were subsequently sold by the sheriff. The defence set up was, that the…

1Opinion of the CourtFoster, J.

The testimony was quite strong to prove that the sale to the plaintiff was made to defraud the creditors of Andrew Gill, but the jury having passed upon the question of fact, under instructions from the judge, which were not justly objectionable, and the General Term having affirmed their decision, we are not to reverse the judgment merely because we might differ with the jury in the conclusion to which they arrived.

The only question in the case which I consider as calling for a review, and, indeed, the only one on which the counsel for the appellants seemed to rely before us, arises upon a…

2Cases cited1 opinion

  1. Campbell v. . WoodworthNew York Court of Appeals · 1859

3Cited by11 opinions

  1. Knickerbocker Life Ins. Co. v. . NelsonNew York Court of Appeals · 1879
  2. In re Block Bounded By Avenue A and First Avenue, Fifty-Ninth and Sixtieth StreetsNew York Supreme Court · 1910
  3. Norton v. WillisSupreme Judicial Court of Maine · 1882
  4. Rathbone v. AyerAppellate Division of the Supreme Court of the State of New York · 1907
  5. Citizens National Bank of Des Moines v. ConverseSupreme Court of Iowa · 1898

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