Denton v. Merrill
New York Supreme Court
Appeal from order of the Chautauqua Special Term, denying the plaintiff’s motion for a new trial. The action was brought to recover for the alleged conversion of a quantity of personal property, consisting of a store of goods in Mayville, N. Y., to which the plaintiff claims title by virtue of an assignment for the benefit of creditors by Marshall Porter and Edwin T. Speny constituting the firm of Porter & Sperry, made by them to him July 23, 1884. The defendant, as sheriff…
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Appeal from order of the Chautauqua Special Term, denying the plaintiff’s motion for a new trial. The action was brought to recover for the alleged conversion of a quantity of personal property, consisting of a store of goods in Mayville, N. Y., to which the plaintiff claims title by virtue of an assignment for the benefit of creditors by Marshall Porter and Edwin T. Speny constituting the firm of Porter & Sperry, made by them to him July 23, 1884. The defendant, as sheriff of that county, levied upon and sold the goods by virtue of several executions issued upon judgments recovered against…
1Opinion of the Court
Bradley J.:
The ground upon which the defense rests is that the assignment made by Porter & Sperry for the benefit of their creditors to the plaintiff, was fraudulent and void as against the creditors of the assignors, on account of the preference expressed in it as follows : “ To pay to the board of supervisors of Chautauqua county, New York, all sums and indebtedness due Chautauqua county by the said firm of Porter & Sperry, and to pay the said board of supervisors all indebtedness due for moneys had of Orrin Sperry, treasurer of *226Chautauqua county, and to pay to the said board of supervisors…
2Cases cited13 opinions
- Chester v. . DickersonNew York Court of Appeals · 1873
- Stephens v. . Board of EducationNew York Court of Appeals · 1879
- Shultz v. . HoaglandNew York Court of Appeals · 1881
- Wilson v. . RobertsonNew York Court of Appeals · 1860
- Board of Supervisors v. . OtisNew York Court of Appeals · 1875
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