Bedell v. . Chase
New York Court of Appeals
Appeal from a judgment- rendered in favor of the plaintiffs ; a new trial having been denied in the Supreme Court-in’the third district. The action" was to recover possession of personal property of the plaintiffs, which the defendant, as deputy sheriff, attached and sold as the property of Hulett P. Bedell and Egbert S. Bedell.
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Appeal from a judgment- rendered in favor of the plaintiffs ; a new trial having been denied in the Supreme Court-in’the third district. The action" was to recover possession of personal property of the plaintiffs, which the defendant, as deputy sheriff, attached and sold as the property of Hulett P. Bedell and Egbert S. Bedell. The cause was tried before Judge Hogeboom, at the Greene Circuit, and the jury found a verdict in favor of the plaintiffs for $2,115.09. The verdict, being informal, was afterwards amended in the court below, in conformity with the provisions of the Code applicable to…
1Opinion of the CourtPorter, J.
The judge was right in refusing to charge the jury that there was no actual and continued change of possession, and that the sale was, therefore, presumptively fraudulent. There was nothing in the proof to warrant such an instruction. He was also right in declining to charge, that if the sale was made by Bedell & Co. in contemplation of insolvency, for the purpose of enabling them to prefer a portion of their creditors, and that this was' known to the plaintiffs, the transaction was-in effect a general assignment, and void by reason of the credit given to the purchasers. There was no evidence…
2Cases cited2 opinions
- Williams v. . FitchNew York Court of Appeals · 1859
- Griffin v. . MarquardtNew York Court of Appeals · 1860
3Cited by18 opinions
- Dillon v. . AndersonNew York Court of Appeals · 1870
- Starin v. . KellyNew York Court of Appeals · 1882
- Billings v. . RussellNew York Court of Appeals · 1886
- Gardom v. WoodwardSupreme Court of Kansas · 1890
- Winslow v. WallaceIndiana Supreme Court · 1888
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