Legal Opinion

Mauger v. Slavin

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 2 opinions

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

  1. Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
  2. Meyer v. . AmidonNew York Court of Appeals · 1871
  3. Stitt v. . LittleNew York Court of Appeals · 1875
  4. Johnson v. HathornNew York Court of Appeals · 1866

3Cited by2 opinions

  1. Hart v. MoultonWisconsin Supreme Court · 1899
  2. McNabb v. WhisselAppellate Division of the Supreme Court of the State of New York · 1902

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