Dean v. . Thurber
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 21, 1886, which -reversed a judgment in favor of plaintiffs, entered upon the report of a referee, and granted a new trial.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 21, 1886, which -reversed a judgment in favor of plaintiffs, entered upon the report of a referee, and granted a new trial. The complaint in this action alleged, in substance, that plaintiffs were the owners of certain promissory notes executed by the firm, Herron & Spencer, as collateral security for the payment of which they held United States bonded warehouse receipts for goods imported by the makers; that said firm, having become insolvent, executed an assignment…
1Per curiam
This appeal presents this question: When imported goods, stored in a bonded warehouse, are held by parties, through the possession of the warehouse receipts, as collateral security for the payment of promissory notes, and the makers of the notes become insolvent and assign their property to an assignee for the benefit of their creditors, should the moneys paid by the assignee for duties, owing to the United States government, be charged against the fund in the assignee’s hands, or against the proceeds of the sale of the goods; where the assignee’s possession and right to dispose of them were…
2Cited by1 opinion
- Leadbetter v. N. H. Leadbetter, Ltd.New York Supreme Court · 1890