Nicoll v. . Spowers
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made June 1,1885, which overruled plaintiffs exceptions and directed judgment on an order dismissing plaintiff’s complaint on trial 1 This action was brought by plaintiff, as receiver of the property of Charles S. Stephens and Julius W.\ Kellam appointed in proceedings supplementary to execution to recover for the alleged conversion of certain personal property to…
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made June 1,1885, which overruled plaintiffs exceptions and directed judgment on an order dismissing plaintiff’s complaint on trial 1 This action was brought by plaintiff, as receiver of the property of Charles S. Stephens and Julius W.\ Kellam appointed in proceedings supplementary to execution to recover for the alleged conversion of certain personal property to which he claimed title as such receiver. Defendant claimed title under an assignment for the benefit of creditors executed…
1Opinion of the CourtRapallo, J.
The general assignment for the benefit of creditors, made by Stephens & Kellam to the defendant, was executed, acknowledged and delivered on the 27th of September, 1883, and was on the same day recorded in the office of the clerk of the county of Kings, where the assignors resided. Their place of business, however, being at the time of the assignment in the city of New York, section 2 of chapter 466 of the Laws of 1877 required that it should be recorded in that county. This was not done until November 14, 1883, and, in the meantime, the plaintiff was, under supplementary proceedings against…
2Cases cited1 opinion
- Warner v. . JaffrayNew York Court of Appeals · 1884
3Cited by10 opinions
- Bartemeier v. Central National Fire InsuranceSupreme Court of Iowa · 1916
- In re the General Assignment for the Benefit of Creditors of S. Feldman & Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Taggart v. SissonNew York Supreme Court · 1890
- In re TylerDistrict Court, W.D. New York · 1900
- Sweetser v. SmithNew York Supreme Court · 1889
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