Scrugham v. Carter
New York Supreme Court
This was an action of replevin, tried at the New-York circuit in January, 1832, before the Hon. Ogden Edwards, one of the circuit judges. The suit was brought for three carriages taken by the defendants from the possession of the plaintiffs, by virtue of four executions issued on judgments in favor of Carter against one Fletcher; Labagh was the officer in whose hands the executions had been placed, and Carter aided him in the execution of the process.
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This was an action of replevin, tried at the New-York circuit in January, 1832, before the Hon. Ogden Edwards, one of the circuit judges. The suit was brought for three carriages taken by the defendants from the possession of the plaintiffs, by virtue of four executions issued on judgments in favor of Carter against one Fletcher; Labagh was the officer in whose hands the executions had been placed, and Carter aided him in the execution of the process. The plaintiffs claimed the property under a voluntary assignment of it, and other property executed to them by Richard B. Fletcher and Sarah…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The assignment and judgment were both found fraudulent against creditors, and the evidence sustains the verdict. The assignment is fraudulent upon its face, and is therefore void as against creditors; but it is valid against the assignors. I consider the plaintiffs standing in the place of Byrne and Fletcher, and having their right to the property, and no other ; and if the judgments in favor of Carter were judgments against both Byrne and Fletcher, there could be no question about the correctness of the decision of this cause at the circuit. According to the…
2Cases cited1 opinion
- Crane v. FrenchNew York Supreme Court · 1828
3Cited by18 opinions
- Leonard v. WhitneyMassachusetts Supreme Judicial Court · 1872
- Branch v. WisemanIndiana Supreme Court · 1875
- Hubbard v. CurtisSupreme Court of Iowa · 1859
- Phillips v. CookNew York Supreme Court · 1840
- Morrison v. BlodgettSuperior Court of New Hampshire · 1836
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