Mauger v. Slavin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Nicholas Manger and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Albany on the 6th day of March, 1896, upon a nonsuit granted by the court after a trial before the court and a jury at a Trial Term of the Supreme Court held in and for the county of Albany.
1Opinion of the Court
Merwin, J.:
This action was brought to recover the possession of 1,100 pounds of wool, being part of a lot of 3,000 pounds sold and delivered by the plaintiffs to Pilling & Scullen, the assignors of the defendant, on the 9th of May, 1895. On the 21th of May, 1895, Pilling .& Scullen made a general assignment for the benefit of creditors to *484the defendant Slavin. The plaintiffs thereupon demanded of the defendant the wool in question which came to' his possession as assignee; and. upon his refusal to deliver, this suit was brought upon the theory that the purchase by the assignors from the…
2Cases cited4 opinions
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Meyer v. . AmidonNew York Court of Appeals · 1871
- Stitt v. . LittleNew York Court of Appeals · 1875
- Johnson v. HathornNew York Court of Appeals · 1866
3Cited by2 opinions
- Hart v. MoultonWisconsin Supreme Court · 1899
- McNabb v. WhisselAppellate Division of the Supreme Court of the State of New York · 1902