Austin v. Bell
New York Supreme Court
THIS was an action of trespass, de bonis asportatis, brought against the defendant, who, as Sheriff of NeioYork, levied on, and took away certain goods, under two wiats °f fi• fa- against Elijah, Joshua, and Abraham Secor, in favour of D. R. Lambert. The cause was tried at the JYew-York sittings, in June, 1821, before Mr. Chief Justice Spencer. The taking and value of the goods were admitted.
Read the full summary
THIS was an action of trespass, de bonis asportatis, brought against the defendant, who, as Sheriff of NeioYork, levied on, and took away certain goods, under two wiats °f fi• fa- against Elijah, Joshua, and Abraham Secor, in favour of D. R. Lambert. The cause was tried at the JYew-York sittings, in June, 1821, before Mr. Chief Justice Spencer. The taking and value of the goods were admitted. The plaintiffs claimed title to the goods in question under an indenture tripartite, between E.,J., and A. Secor, of the first part the plaintiffs, of the second part, and the creditors of 1 1 7 e 1 the…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court. The question here is, whether the assignment by E. Secor Co. is fraudulent, as regards Lambert and the other creditors *447who did not become parties to the assignment, by subscvibing the same, and who must, therefore, be regarded as disagreeing to it. The grounds on which the assignment is supposed to be legally fraudulent are, that it contains stipulations, reserving such sums as may be necessary to defray the expenses of defending suits at law or equity, against the assignors, in relation to the trust created j and for services in obtaining,…
2Cases cited1 opinion
- Seaving v. BrinkerhoffNew York Court of Chancery · 1821
3Cited by31 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Stewart v. Bd. of Super. of Polk CountySupreme Court of Iowa · 1870
- Halsey v. FairbanksU.S. Circuit Court for the District of Massachusetts · 1826
- Mackie v. CairnsCourt for the Trial of Impeachments and Correction of Errors · 1825
- Burdick v. Post & HunttingNew York Supreme Court · 1851
26 more not listed; retrieve them via the Exa API.