Van Vleet v. Slauson
New York Supreme Court
THIS action was brought to recover the value of certain personal property mentioned in the complaint, which it was alleged the defendant had wrongfully converted to his own use. The answer sought to avqid responsibility on the part of the defendant, by alleging that he was the sheriff of Seneca county, and took the property, in his official capacity, as the property of one William O’Neil.
Read the full summary
THIS action was brought to recover the value of certain personal property mentioned in the complaint, which it was alleged the defendant had wrongfully converted to his own use. The answer sought to avqid responsibility on the part of the defendant, by alleging that he was the sheriff of Seneca county, and took the property, in his official capacity, as the property of one William O’Neil. On the trial it was admitted that the defendant was the sheriff of Seneca county at the time the property in question was taken by him. The plaintiff, to sustain this action, was duly called and sworn as a…
1Opinion of the Court
By the Court, Johnson, J.
The deed conveying the real estate, and the bill of sale of the personal property, executed by O’Neill to the plaintiff, and the article of agreement between them, all bearing- the same date and relating to the same subject matter, must be read and construed together as though the whole was contained in one instrument. Bead and construed in this manner they oonstitpje pothing more por less than au *324assignment of property in trust for the benefit of creditors. The conveyance, in form, seems to be an absolute conveyance of the title, as upon a.bargain and sale, and so…
2Cases cited1 opinion
- Juliand v. RathboneNew York Supreme Court · 1862
3Cited by5 opinions
- Keating v. VaughnTexas Supreme Court · 1881
- Clayton v. JohnsonSupreme Court of Arkansas · 1880
- Pope v. . MeadNew York Court of Appeals · 1885
- Syracuse v. CollinsCommission of Appeals · 1874
- Rennie v. BeanNew York Supreme Court · 1881