Lyon v. Yates
New York Supreme Court
11HIS action was brought by the plaintiff as assignee of . David and William. Welch, under a general assignment for the benefit of creditors, to recover for the alleged conversion of a portion of the assigned property. The defendants justified as creditors, under an attachment, judgment and execution against the Welches, averring that the assignment was fraudulent as to creditors.
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11HIS action was brought by the plaintiff as assignee of . David and William. Welch, under a general assignment for the benefit of creditors, to recover for the alleged conversion of a portion of the assigned property. The defendants justified as creditors, under an attachment, judgment and execution against the Welches, averring that the assignment was fraudulent as to creditors. It appeared on the trial that on-the 12th day of January, 1866, an action was commenced in the Supreme Court in favor of the defendants, against the Welches; that on the 22d day of January, 1867, an attachment was…
1Opinion of the Court
By the Court, Johnson, J.
The attachment, under which the defendants had the goods seized in the first instance, having been set aside as irregular, it afforded them no « shield or protection whatever for such taking. The mo-*244meat it was set aside, they stood as though no process had ever been issued, and became trespassers ab initio. (Kerr v. Mount, 28 N. Y. Rep. 659.)
[Monroe General Term, December 7, 1868.
Having taken the property as trespassers, they could not in an action against them- for the tort, show that subsequently they had caused it to be levied upon by virtue of a valid execution…
2Cases cited2 opinions
- Kerr v. . MountNew York Court of Appeals · 1863
- Otis v. JonesNew York Supreme Court · 1839
3Cited by20 opinions
- Roberts v. Stuyvesant Safe Deposit Co.New York Court of Appeals · 1890
- Wehle v. . ButlerNew York Court of Appeals · 1874
- Siegel v. Northern Boulevard & 80th Street Corp.Appellate Division of the Supreme Court of the State of New York · 1968
- Tiffany v. . LordNew York Court of Appeals · 1875
- Morrison v. CrawfordOregon Supreme Court · 1879
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