Walsh v. Adams
New York Supreme Court
Trover, tried at the Albany circuit in January, 1845, before Parker, C. Judge. The defendant, as sheriff of Albany county, seized and sold certain personal property by virtue of a fi. fa issued upon a judgment against James Christie, and delivered it to the purchaser. The plaintiff claimed that the property was partnership effects belonging to a firm composed of himself and Christie.
Read the full summary
Trover, tried at the Albany circuit in January, 1845, before Parker, C. Judge. The defendant, as sheriff of Albany county, seized and sold certain personal property by virtue of a fi. fa issued upon a judgment against James Christie, and delivered it to the purchaser. The plaintiff claimed that the property was partnership effects belonging to a firm composed of himself and Christie. The sheriff had assumed to sell the whole interest in the articles seized, considering them the individual goods of Christie. There was conflicting evidence upon the question whether the property belonged to the…
1Opinion of the Court
By the Court, Jewett, J.
The defendant, as sheriff, seized and sold the entire property in question, as the individual property of Christie, and delivered it to the purchaser. It has turned out that the plaintiff was a partner of Christie, and that the property belonged to the firm, each partner having an equal share at the time of the levy and sale.(b)
I consider it well settled that upon an execution against one of several copartners, the sheriff may take the goods of the partnership in execution, and sell the individual share or interest of the defendant, and that in so doing he may take…
2Cases cited3 opinions
- Pierce v. JacksonMassachusetts Supreme Judicial Court · 1810
- Wheeler v. M'FarlandNew York Supreme Court · 1833
- Gould v. GouldCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by32 opinions
- Stief v. . HartNew York Court of Appeals · 1847
- Frisbee v. LangworthyWisconsin Supreme Court · 1860
- Ford v. SmithWisconsin Supreme Court · 1870
- Branch v. WisemanIndiana Supreme Court · 1875
- Hull v. . CarnleyNew York Court of Appeals · 1854
27 more not listed; retrieve them via the Exa API.