Parker v. . Conner
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made January 11, 1881, which affirmed a judgment in favor of defendant, entered upon a verdict. (Mem. of decision below, 15 J. & S. 522.) This action was originally brought against William C. Conner, as sheriff of the city and county of New York, for an alleged wrongful seizure and conversion of certain personal property which plaintiff had purchased of one Halloran.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made January 11, 1881, which affirmed a judgment in favor of defendant, entered upon a verdict. (Mem. of decision below, 15 J. & S. 522.) This action was originally brought against William C. Conner, as sheriff of the city and county of New York, for an alleged wrongful seizure and conversion of certain personal property which plaintiff had purchased of one Halloran. Defendant justified under an execution against Halloran,. claiming that the sale was fraudulent as against the…
1Opinion of the CourtRapallo, J.
There was evidence tending to prove that the plaintiff paid to Halloran, the judgment debtor, a valuable and adequate consideration for the chattels in question, and took them into his possession, and he claimed to be a bona fide purchaser for value. On the part of the. defense it was claimed that the sale by Halloran was made with intent on his part to defraud his creditors, and that the plaintiff was chargeable with notice of this intent.
The questions of fraud and notice were submitted to the jury, and the charge of the judge on the question of notice raises the most important question on…
2Cases cited5 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
- Magee v. . BadgerNew York Court of Appeals · 1866
- Baker v. . BlissNew York Court of Appeals · 1868
- Stearns v. . GageNew York Court of Appeals · 1879
- Reed v. . GannonNew York Court of Appeals · 1872
3Cited by54 opinions
- Anderson v. . BloodNew York Court of Appeals · 1897
- Marling v. FitzGeraldWisconsin Supreme Court · 1909
- Greenwald v. . WalesNew York Court of Appeals · 1903
- Raalte v. HarringtonSupreme Court of Missouri · 1890
- Frank v. . Von BayerNew York Court of Appeals · 1923
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