Chapman v. Douglas
New York Court of Common Pleas
George M. Chapman sued Alexander Douglas, Joseph B. Taylor and Alexander Matthews, in the New York - common pleas, to recover the value of a safe and its contents, taken from the possession of the plaintiff in November, 1866, by the sheriff under an attachment issued in an action brought by the defendant, Douglas, against the New York Silk Manufacturing Company.
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George M. Chapman sued Alexander Douglas, Joseph B. Taylor and Alexander Matthews, in the New York - common pleas, to recover the value of a safe and its contents, taken from the possession of the plaintiff in November, 1866, by the sheriff under an attachment issued in an action brought by the defendant, Douglas, against the New York Silk Manufacturing Company. The attachment was issued on the ground that said company was disposing of or secreting its property with intent to defraud said Douglas. In December, 1866, judgment was entered against said company in favor of the defendant Douglas,…
1Opinion of the Court
Daly, Ch. J.
The defendants, to justify the taking of the property, averred that at the time of the levy, it ■ was the property of the New York Silk Manufacturing Company; or that they had an interest in it which was liable to levy and sale under the attachment and execution. Their whole defense rested upon this averment; for if it were not the property of the corporation at the time of the levy, or if they had not in it then any interest which could be attached, or levied upon, the sheriff had no right to take it under an attachment and execution against that company.
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2Cases cited9 opinions
- Fonda v. Van HorneNew York Supreme Court · 1836
- Allen v. CraryNew York Supreme Court · 1833
- Davis v. Newkirk, Barker & YatesNew York Supreme Court · 1847
- Ford & Rockwood v. WilliamsNew York Court of Appeals · 1856
- Ball v. . LoomisNew York Court of Appeals · 1864
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3Cited by2 opinions
- Weeks v. CornwallNew York Supreme Court · 1887
- Sonnentheil v. Texas Guaranty & Trust Co.Court of Appeals of Texas · 1895