Gage v. . Dauchy
New York Court of Appeals
Appeal from judgment of General Term, reversing the judgment at Circuit and ordering a new trial on exceptions taken by the defendant.
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Appeal from judgment of General Term, reversing the judgment at Circuit and ordering a new trial on exceptions taken by the defendant. The plaintiff’s complaint was in trespass, charging the defendant with the taking and conversion of a pair of bobsleds and eight hogs belonging to her, to her damage of $100. The answer consisted of a general denial and a justification, under a judgment and execution in favor of one Carlton Smith against Phineas L. Goodwin; the defendant acting in aid of the sheriff, who sold the property as the property of the said Goodwin, to whom the defendant alleged it…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] There is nothing in the answer giving color to the defense of justification, by suggesting a fraudulent transfer of the property from Goodwin to the plaintiff, which would avoid the contract as to creditors. It is, therefore, questionable whether the answer of justification amounts to anything more than a denial of property in the plaintiff. (Van Etten v. Hurst, 6 Hill, 311.)
From the very able and learned opinion delivered by the judge in the court below, I…
2Cited by27 opinions
- Osborne v. . WilkesSupreme Court of North Carolina · 1891
- Vandevoort v. . GouldNew York Court of Appeals · 1867
- Hossfeldt v. DillSupreme Court of Minnesota · 1881
- Abbey v. . DeyoNew York Court of Appeals · 1871
- Trapnell v. ConklynWest Virginia Supreme Court · 1892
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