Strong v. Stebbins
New York Supreme Court
Debt to recover the penalty giveh by the 14th section of the act concerning distresses, rents, and the renewal of leases, (1 R. L. 437, 8,) for wilfully and knowingly aiding, or assisting the tenant, in the fraudulent conveying and carrying away goods and chattels, and in keeping and detaining them, off and from certain premises, demised by the plaintiff to one Ambrose. The cause was tried at the Monroe circuit, September 27th, 1824, before Rochester, C. Judge.
Read the full summary
Debt to recover the penalty giveh by the 14th section of the act concerning distresses, rents, and the renewal of leases, (1 R. L. 437, 8,) for wilfully and knowingly aiding, or assisting the tenant, in the fraudulent conveying and carrying away goods and chattels, and in keeping and detaining them, off and from certain premises, demised by the plaintiff to one Ambrose. The cause was tried at the Monroe circuit, September 27th, 1824, before Rochester, C. Judge. The main question upon the trial was, whether the acts of the defendant were such as brought him within that section of the statute…
1Opinion of the Court
Curia, per Sutherland, J.
The evidence clearly establishes that the defendant instigated and advised the removal, knowing that rent was due; and with a view to put the goods beyond the reach of the landlord, But there is no proof that he aided or assisted in the removal, in any other -way than by receiving two dollars worth of the property ; and agreeing that his clerk, or brother, might be called up at night, to receive any of the property that might be brought to his house. There is no evidence, however, that any was brought there, and received pursuant this arrangement, or in any other way,…
2Cited by5 opinions
- Verona Central Cheese Co. v. . MurtaughNew York Court of Appeals · 1872
- Langdon v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1890
- People ex rel. Gaffney v. MayerNew York Supreme Court · 1903
- Village of Carthage v. ColliganAppellate Division of the Supreme Court of the State of New York · 1913
- Verona Central Cheese Factory v. MurtaughNew York Supreme Court · 1871