Hall v. Waterbury, Smith & Co.
New York Court of Common Pleas
Motion for new trial by defendants, Waterbary, Smith & Oo. In April 1875, Waterbury, Smith & Oo., obtained an attachment in the marine court against the property of Henry L. Hewlett, a resident of New Jersey, but then engaged in business in New York city. In May, 1875, Hewlett filed a voluntary petition in bankruptcy, and Mr. Hall, the plaintiff, was elected assignee of his estate.
Read the full summary
Motion for new trial by defendants, Waterbary, Smith & Oo. In April 1875, Waterbury, Smith & Oo., obtained an attachment in the marine court against the property of Henry L. Hewlett, a resident of New Jersey, but then engaged in business in New York city. In May, 1875, Hewlett filed a voluntary petition in bankruptcy, and Mr. Hall, the plaintiff, was elected assignee of his estate. The assignee demanded a return of the property taken under the attachment on the ground that the bankruptcy proceedings dissolved the attachment, and the attaching creditors offering no objection, the city marshal,…
1Opinion of the CourtJ. F. Daly, J.
Motion for new trial by defendants Waterbury, Smith & Co.
A verdict was rendered against that firm and Phillips, a city marshal, for $200 damages, for failing to deliver to plaintiff goods which had been seized under an attachment, the attachment having been dissolved by the operation of the bankruptcy laws of the United States (Sec. 14, bancruptcy act).
The question of the liability of Waterbury, Smith & Co., for the non-delivery of the attached goods, was reserved for this motion. They were the plaintiffs in the action in the marine court in which the attachment was issued."
The attachment was…
2Cases cited2 opinions
- Kerr v. . MountNew York Court of Appeals · 1863
- Welsh v. . CochranNew York Court of Appeals · 1875
3Cited by4 opinions
- Ide v. FinnAppellate Division of the Supreme Court of the State of New York · 1921
- Mendelson v. IrvingAppellate Division of the Supreme Court of the State of New York · 1913
- Henderson v. Three Hundred Tons of Iron OreU.S. Circuit Court for the District of Southern New York · 1889
- Byrne v. CrooksCity of New York Municipal Court · 1885