Fallon v. McCunn
The Superior Court of New York City
This case comes before the court on questions of law arising at the trial, and there ordered to be first heard at the general term. It was tried on the 23d of June, 1859, before Mr. Justice Slosson and a jury.
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This case comes before the court on questions of law arising at the trial, and there ordered to be first heard at the general term. It was tried on the 23d of June, 1859, before Mr. Justice Slosson and a jury. The complaint states that the plaintiff is the assignee of the property and effects of Richard B. Harney, and as such assignee was, and since October 23, 1851, had been possessed of certain goods and chattels therein specified; that the defendant on the 12th of December, 1851, wrongfully took, carried away, and • converted the same to his own use, to plaintiff’s damage in the sum of-…
1Opinion of the CourtPiebbepont, J.
—The plaintiff, as assignee for the benefit of creditors, sues the defendant for the conversion of per-*144so nal property which had been assigned. The defendant denies the charge and alleges that the property in question was taken by the sheriff, who seized it by virtue of an attachment against the assignor, and that the assignment to plaintiff was void as against creditors, for fraud, and that the defendant acted as the mere attorney of the creditor who caused the attachment to issue.
On the trial, the learned judge ruled, that as the attaching creditor was not a judgment creditor, he could not…
2Cases cited2 opinions
- Robinson v. WestNew York Supreme Court · 1851
- Thayer v. WilletThe Superior Court of New York City · 1859
3Cited by1 opinion
- Haviland v. WehleNew York Court of Common Pleas · 1872