Rathbun v. Platner
New York Supreme Court
Motion by the defendant for a new trial. The action whs brought to recover the possession of personal property. On the trial at the circuit the jury found a verdict for the plaintiffs.
1Opinion of the Court
By the Court, Mason, J.
The plaintiffs make title to the property in question, through an assignment made to them by Ralph S. Peck in trust, for the benefit of his creditors. The assignment is a general assignment for the benefit of all of Peck’s creditors, classing them. The plaintiffs are the only creditors *273named in the first class. The defendant was sheriff of Otsego county, and makes title to the property through a judgment and execution against Peck, and in virtue of his levy upon the property. The question litigated upon the trial was, whether this general assignment from Peck to the…
2Cases cited4 opinions
- Mowhawk Bank v. R. & P. AtwaterNew York Court of Chancery · 1830
- Miller v. AdsitNew York Supreme Court · 1837
- Burdick v. Post & HunttingNew York Supreme Court · 1851
- Boardman v. HallidayNew York Court of Chancery · 1843
3Cited by12 opinions
- Merchants' National Bank v. GreenhoodMontana Supreme Court · 1895
- Wilson v. ForsythNew York Supreme Court · 1857
- Savage v. . Knight and BryantSupreme Court of North Carolina · 1885
- Seibert v. ThompsonSupreme Court of Kansas · 1871
- Hairgrove v. MillingtonSupreme Court of Kansas · 1871
7 more not listed; retrieve them via the Exa API.