Starin v. . Kelly
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of blew Y ark, entered upon an order made April 4, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 15 J. & S. 288.) The nature of the action and the material facts are set forth in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of blew Y ark, entered upon an order made April 4, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 15 J. & S. 288.) The nature of the action and the material facts are set forth in the opinion. The court erred in permitting the plaintiff to answer the question, whether he made the purchase with any object or intention of aiding or assisting Besson to hinder, delay or defraud his creditors. (R. S., part 2, ch. 7, tit. 3, § 5; Ray v. Birdseye, 5 Denio, 619, 626; Griffin, v.…
1Opinion of the CourtEarl, J.
This action was commenced in July, 1868, to recover for the wrongful taking of property by the defendant as sheriff, on or about September 1, 1865. The defendant, in his answer, justified under attachments issued to him against the property of Theodore Besson. Upon the trial the plaintiff proved that before the levy of the attachments he purchased the property of Besson, and that at the time of the levy he had the property in his possession. The claim of the defendant was that the property was transferred to the plaintiff by Besson with intent to hinder, delay and defraud his creditors, and…
2Cases cited4 opinions
- Miller v. AdsitNew York Supreme Court · 1837
- Hathaway v. BrownSupreme Court of Minnesota · 1872
- Bedell v. . ChaseNew York Court of Appeals · 1866
- Newman v. CordellNew York Supreme Court · 1864
3Cited by59 opinions
- Loos v. . WilkinsonNew York Court of Appeals · 1888
- Billings v. . RussellNew York Court of Appeals · 1886
- Merchants' National Bank v. GreenhoodMontana Supreme Court · 1895
- Hackney v. Raymond Bros. Clarke Co.Nebraska Supreme Court · 1903
- Zoeller v. . RileyNew York Court of Appeals · 1885
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