Kellogg v. Slawson
New York Supreme Court
This action was for taking and converting certain personal property. The plaintiffs claimed under an assignment executed hy one James W. Backus for the benefit of creditors, giving preferences; and the defendants, as judgment creditors of Backus, caused the property to be taken and sold upon an execution against Backus, Upon the trial the plaintiff obtained a verdict, and from the judgment entered thereon the defendants appealed.
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This action was for taking and converting certain personal property. The plaintiffs claimed under an assignment executed hy one James W. Backus for the benefit of creditors, giving preferences; and the defendants, as judgment creditors of Backus, caused the property to be taken and sold upon an execution against Backus, Upon the trial the plaintiff obtained a verdict, and from the judgment entered thereon the defendants appealed. The questions arose upon the terms of the assignment, and are set forth in the opinion of the court.
1Opinion of the Court
By the Court, W. F. Allen, J.
The only questions presented by the bill of exceptions grow out of the terms of the assignment; the defendants insisting that upon its face it is void. The first point relates to the occasion, cause or consideration of its execution, as stated in the recital. The recital is as follows: “ Whereas James W. Backus is justly indebted, in sundry considerable sums of money, and has become unable to pay and discharge the same with punctuality or in full, and the said party of the first part is desirous of making a fair and equitable distribution of his property and…
2Cases cited8 opinions
- Meacham v. SternesNew York Court of Chancery · 1842
- Jackson ex. dem. Livingston v. DelancyCourt for the Trial of Impeachments and Correction of Errors · 1816
- Hatch v. SmithMassachusetts Supreme Judicial Court · 1809
- Jackson ex dem. Lowell v. ParkhurstNew York Supreme Court · 1830
- Stevens v. BellMassachusetts Supreme Judicial Court · 1810
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3Cited by7 opinions
- Seibert v. ThompsonSupreme Court of Kansas · 1871
- First National Bank v. HughesMissouri Court of Appeals · 1881
- Kyle v. HarveysWest Virginia Supreme Court · 1885
- Griffin v. CranstonThe Superior Court of New York City · 1862
- McCulloh v. PriceMontana Supreme Court · 1894
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