McAllaster v. . Bailey
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 7, 1888, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtHaight, J.
This action was brought for the wrongful taking and conversion of $7,197.64.
The defense was that the defendants, as sheriff and under-sheriff, levied on the same under an attachment issued in an action in which the White Sewing Machine Company was plaintiff, and Sylvanus B. Stinson and James J. Rutherford were defendants.
It appears that Stinson and Rutherford had made an assignment for the benefit of creditors to the plaintiff; that the plaintiff, as such assignee, had sold and converted the property into money which he had deposited in his own name in the Bank of Gouverneur. Thereupon the…
2Cases cited1 opinion
- Thurber v. . BlanckNew York Court of Appeals · 1872
3Cited by7 opinions
- Patchen v. RofkarAppellate Division of the Supreme Court of the State of New York · 1896
- Weintraub v. Fitzgerald Bros. Brewing Co.District Court, S.D. New York · 1941
- Patchen v. RofkarAppellate Division of the Supreme Court of the State of New York · 1896
- Genovese v. HornNew York Supreme Court · 1921
- Bateman v. HuntNew York Supreme Court · 1905
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