Lain v. Sayer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Corwin E. Sayer and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Orange on the 30th day of October, 1899, upon the report of a referee.
1Opinion of the Court
Woodward, J.:
The question to be determined upon this appeal is whether an assignee for the benefit of creditors may maintain an action at law for damages against the defendants, who took possession of certain .goods and chattels under a chattel mortgage, the mortgage not having been filed at the time the assignee went into possession under the assignment, which goods and chattels were sold, the defendants retaining the proceeds for their own use and benefit. We are of •opinion that the referee has erred in his conclusions of law.
The facts found by the referee, briefly stated, are as follows,…
2Cases cited2 opinions
- Stephens v. . Meriden Britannia Co.New York Court of Appeals · 1899
- Sheldon v. . WickhamNew York Court of Appeals · 1900
3Cited by2 opinions
- Stich v. PirklNew York Supreme Court · 1917
- In re the General Assignment for the Benefit of Creditors of Thelmco, Inc.New York Supreme Court · 1940