Legal Opinion

Boese v. King

Supreme Court of the United States

Decided May 7, 1883No. 235PublishedCited by 51 opinions

IN ERROR TO THE SUPREME COURT OP THE STATE OP NEW YORK. Suit by a receiver appointed by a State court in New York on return of execution unsatisfied; brought -in New York against assignees of the property of the judgment debtor under an assignment for the benefit of creditors,, made in accordance with the laws of New Jersey (of which State the 'assignees and the debtor are citizens), and to recover proceeds of the debtor’s property voluntarily brought within the State of New…

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IN ERROR TO THE SUPREME COURT OP THE STATE OP NEW YORK. Suit by a receiver appointed by a State court in New York on return of execution unsatisfied; brought -in New York against assignees of the property of the judgment debtor under an assignment for the benefit of creditors,, made in accordance with the laws of New Jersey (of which State the 'assignees and the debtor are citizens), and to recover proceeds of the debtor’s property voluntarily brought within the State of New York by the assignees for distribution under the assignment. By deed of assignment executed and delivered September…

1Opinion of the CourtJustice Harlan

After reciting the facts in the foregoing language he continued :

*384We are to consider in this case whether the final judgment of the Court of Appeals of New York has deprived the. plaintiff in error of any right, title, or privilege under the Constitution or laws of the United States.

We dismiss from consideration all suggestions in the pleadings of actual fraud upon the • part either of Loche or of his assignees. . The court of original jurisdiction found as a fact— and upon that basis the case was considered' by the Court of Appeals — that the assignment was executed and delivered by the…

2Cases cited3 opinions

  1. Mayer v. HellmanSupreme Court of the United States · 1876
  2. Buchanan v. SmithSupreme Court of the United States · 1873
  3. Reed v. McIntyreSupreme Court of the United States · 1879

3Cited by51 opinions

  1. International Shoe Co. v. PinkusSupreme Court of the United States · 1929
  2. Young v. Higbee Co.Supreme Court of the United States · 1945
  3. Randolph v. ScruggsSupreme Court of the United States · 1903
  4. West Co. v. LeaSupreme Court of the United States · 1899
  5. Elaine Marshall v. J. Marshall, IiiCourt of Appeals for the Ninth Circuit · 2013

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