Dunn Salmon Co. v. Pillmore
New York Supreme Court
The plaintiff demurs to two of the defenses of the defendant Pillmore as insufficient in law upon their face. The plaintiff, as a judgment creditor of the defendant Jones, with an execution returned unsatisfied, brings an action in equity to set aside a sale of certain merchandise made by the defendant Pillmore to a third party, under a bill of sale given by the defendant Jones to the defendant Pillmore covering the merchandise, as security for a debt, but not filed for a…
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The plaintiff demurs to two of the defenses of the defendant Pillmore as insufficient in law upon their face. The plaintiff, as a judgment creditor of the defendant Jones, with an execution returned unsatisfied, brings an action in equity to set aside a sale of certain merchandise made by the defendant Pillmore to a third party, under a bill of sale given by the defendant Jones to the defendant Pillmore covering the merchandise, as security for a debt, but not filed for a period of eight months, the defendant Jones remaining in possession of the property until the sale, during which time…
1Opinion of the CourtDe Angelis, J.
The alleged defenses which are assailed will be of no consequence if it appears from the evidence upon the trial that the bill of sale was executed in good faith and was accompanied by a change of possession of the articles covered by it.
The first defense attacked as insufficient alleges the proof of the plaintiff’s judgment and 'its allowance in the bankruptcy court without the disclosure of the pendency of this action, as a waiver of the plaintiff’s lien growing out of the commencement of the action.
*549Although the provisions of the Bankruptcy Act of 1867 differ somewhat from those of the…
2Cases cited6 opinions
- Stewart v. PlattSupreme Court of the United States · 1879
- Skilton v. . CodingtonNew York Court of Appeals · 1906
- Karst v. . GaneNew York Court of Appeals · 1893
- Ansonia Brass and Copper Co. v. . BabbittNew York Court of Appeals · 1878
- Bowdish v. . PageNew York Court of Appeals · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Pue v. WheelerMontana Supreme Court · 1927
- Benedict v. ZutesNew York Supreme Court · 1914