Mauger v. Slavin
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Albany county. Action by Nicholas Mauger and another against Thomas Slavin, assignee for the creditors of Pilling & Scullen. Prom a judgment on a nonsuit, plaintiffs appeal
1Opinion of the CourtMerwin, J.
This action was brought to recover the possession of 1,100 pounds of wool, being part of a lot of 3,000 pounds sold and delivered by the plaintiffs to Pilling & Scullen, the assignors of the defendant, on the 9th May, 1895. On the 24th May, 1895, Pilling & Scullen made a general assignment for the benefit of creditors to the defendant, Slavin. The plaintiffs thereupon demanded of the defendant the wool in question, which came to his possession as assignee; and, upon his refusal to deliver, this suit was brought, upon the theory that the purchase by the assignors from the plaintiffs was…
2Cases cited5 opinions
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Meyer v. . AmidonNew York Court of Appeals · 1871
- Salisbury v. . HoweNew York Court of Appeals · 1881
- Stitt v. . LittleNew York Court of Appeals · 1875
- Duffany v. . FergusonNew York Court of Appeals · 1876
3Cited by2 opinions
- Commonwealth Fuel Co. v. McNeilSupreme Court of Connecticut · 1925
- McNabb v. WhisselAppellate Division of the Supreme Court of the State of New York · 1902