Woolley v. Geneva Wagon Co.
Supreme Court of New Jersey
On error to the Monmouth Pleas. On August 14th, 1894, a writ of attachment issued out of" the Monmouth Pleas in favor of Nicholas,J. Demarest against Morris Kraus and Benjamin Kraus, non-resident debtors.' which was placed in the hands of the plaintiff in error, whd was then sheriff of Monmouth county, and by virtue thereon the sheriff attached two wagons, which were then in the pos-' session of the defendants in attachment, Kraus Brothers.
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On error to the Monmouth Pleas. On August 14th, 1894, a writ of attachment issued out of" the Monmouth Pleas in favor of Nicholas,J. Demarest against Morris Kraus and Benjamin Kraus, non-resident debtors.' which was placed in the hands of the plaintiff in error, whd was then sheriff of Monmouth county, and by virtue thereon the sheriff attached two wagons, which were then in the pos-' session of the defendants in attachment, Kraus Brothers. Shortly after this levy, the Geneva Wagon Company, th¿ defendant in error, demanded the wagons thus attached claiming them as its own property, on the…
1Opinion of the Court
The opinion of the court was delivered by
Beasley, Chief Justice.
It is not disputed in this case that the defendant in error is the owner of the property in controversy, the only contention being that as it made a conditional sale of such property to the defendants in attachment, and the instrument of sale was not recorded, that thereby the things attached were subjected to this levy by force of the statute of this state. The ground taken is that the plaintiffs in attachment, as creditors of the conditional vendee, had the right to seize the property in question.
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2Cited by6 opinions
- Forgan v. SmedalWisconsin Supreme Court · 1931
- Bradshaw v. Kleiber Motor Truck Co.Arizona Supreme Court · 1925
- Higgins v. Central Cigar Co.Court of Appeals for the D.C. Circuit · 1929
- John Gill & Sons v. Kahl-Holt Co.Court of Appeals for the D.C. Circuit · 1917
- Commercial Credit Corp. v. HildSupreme Court of New Jersey · 1940
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