Barth v. . Backus
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 15,1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 15,1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought originally by plaintiff as general assignee for the benefit of creditors of the Wilkin Manufacturing Company, a corporation of Wisconsin, against the Canton Lumber Company, a domestic corporation, to recover an amount remaining unpaid on a bill for machinery furnished by said Wisconsin company to said lumber company. It…
1Opinion of the Court
Andrews, Ch. J.
The general rule that the validity of a transfer of personal property is governed by the law of the domicile of the owner, is in most jurisdictions held to apply to a transfer by voluntary assignment by a debtor of all his property for the benefit of creditors, as well as to a specific transfer by way of ordinary sale or contract; and the title of such assignee, valid by the law of the domicile, will prevail against the lien of an attachment issued and levied in another state or country subsequent to the assignment, in favor of a creditor there, whether a citizen or…
2Cases cited15 opinions
- Hibernia National Bank v. . LacombeNew York Court of Appeals · 1881
- Warner v. . JaffrayNew York Court of Appeals · 1884
- Holmes v. RemsenNew York Supreme Court · 1822
- Willitts v. . WaiteNew York Court of Appeals · 1862
- Abraham v. PlestoroCourt for the Trial of Impeachments and Correction of Errors · 1829
10 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Clark v. WilliardSupreme Court of the United States · 1934
- Marshall v. . ShermanNew York Court of Appeals · 1895
- Clark v. WilliardSupreme Court of the United States · 1935
- Vladikavkazsky Railway Co. v. New York Trust Co.New York Court of Appeals · 1934
- Fred S. James & Co. v. Second Russian InsuranceNew York Court of Appeals · 1925
34 more not listed; retrieve them via the Exa API.