Downing v. Kelly
New York Supreme Court
APPEAL by the defendant from a judgment entered on the verdict of a jury. The action was brought against the defendant, as sheriff, for the conversion of property. Prior to February 1, 1860, one Samuel Baldwin, who had long carried on the business of jewelry, &c. in the city of New York, had owned the property in question.
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APPEAL by the defendant from a judgment entered on the verdict of a jury. The action was brought against the defendant, as sheriff, for the conversion of property. Prior to February 1, 1860, one Samuel Baldwin, who had long carried on the business of jewelry, &c. in the city of New York, had owned the property in question. On that day he sold out the stock to his son, W. S. Baldwin, and his clerk, H. G-. Batterson, who had been in his employ; they forming a new copartnership under the firm of W. S. Baldwin & Co. taking possession of the stock, and giving their promissory notes for the…
1Opinion of the Court
By the, Court, Geo. G. Barnard, J.
The defendant was entitled to have his sixth request charged substantially as requested.
An assignment of the property in question had been made by Samuel Baldwin to his son and clerk, and their notes taken for the consideration, without security, and upon credit, maturing between three months and three years. Samuel Baldwin was pressed by his debts, at the time of the sale, and his son had little property, at the time of the purchase, and his clerk, the other joint purchaser, was unable to meet his engagements. The goods consisted of a stock on hand in Hew…
2Cited by3 opinions
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- Evans v. SimsNew York Supreme Court · 1894
- Loeschigk v. . BridgeNew York Court of Appeals · 1870