Vanbuskirk v. Warren
New York Supreme Court
THESE were respectively actions in the nature of the former actions of trespass or trover, to recover from the defendants the value of 41 iron safes, alleged to belong to the plaintiffs, and to have been wrongfully taken and carried away by the defendants. The safes were levied on by attachments sued out by the defendants, respectively, against John' W. Bates.
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THESE were respectively actions in the nature of the former actions of trespass or trover, to recover from the defendants the value of 41 iron safes, alleged to belong to the plaintiffs, and to have been wrongfully taken and carried away by the defendants. The safes were levied on by attachments sued out by the defendants, respectively, against John' W. Bates. The property Was subsequently sold under executions issued upon judgments perfected on the attachments in the court of common pleas of Cook county, Illinois. The plaintiffs were creditors of John W. Bates, in various amounts, to whom,…
1Opinion of the CourtWeight, J.
I concur in the opinion that the questions, whether there was a valid sale or transfer of the safes to the plaintiffs, and whether title had passed to the latter before the defendants’ attachments issued, are to be determined by the law of New York, and not of Illinois. The parties arc residents and citizens of this state. ■ Bates, the assignor, re*469sided here. The instrument, by virtue of which the plaintiffs claim, and which the defendants, as Bates’ creditors, seek to invalidate, was executed here. So, also, the debts which constituted the consideration for the transfer, as well as those…
2Cases cited4 opinions
- Holmes v. RemsenNew York Supreme Court · 1822
- Abraham v. PlestoroCourt for the Trial of Impeachments and Correction of Errors · 1829
- Tyler v. Strang & Tioga Rail RoadNew York Supreme Court · 1855
- Martin v. HillNew York Supreme Court · 1851
3Cited by4 opinions
- Warner v. . JaffrayNew York Court of Appeals · 1884
- Receiver of the State Bank v. First National BankNew Jersey Court of Chancery · 1881
- Bentley v. WhittemoreSupreme Court of New Jersey · 1868
- Wooldridge v. IrvingUnited States Circuit Court · 1884