Goodenough v. Spencer
New York Supreme Court
Milton A. Goodenough brought this action against Wm. H. Spencer, to recover possession of certain personal property which Spencer had transferred by bill of sale to Stevens, his counsel, and which Stevens had sold to the plaintiff.
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Milton A. Goodenough brought this action against Wm. H. Spencer, to recover possession of certain personal property which Spencer had transferred by bill of sale to Stevens, his counsel, and which Stevens had sold to the plaintiff. The evidence in this action showed and the referee found, that on March 1, 1870, the defendant executed and delivered unto Samuel Stevens', his attorney and counsel in legal proceedings, a bill of sale of household furniture, horses, cattle, sheep, wagons, harness, grain and hay, then being in, upon and about his dwelling house and farm, situated in the town of…
1Opinion of the Court
By the Court.*—Daniels, J.
Although the character of the transaction which resulted in the execution and delivery of the bill of sale from the defendant to his attorney and counsel was in dispute upon the trial, the evidence was sufficient to justify the referee in the conclusion he adopted concerning it. And for that reason that conclusion must now be accepted as exhibiting the transaction in its true light. It was in brief a transfer made by an embarrassed client to his attorney and counsel under the advice and suggestion of the latter, without any actual consideration, but for the purpose…
2Cases cited11 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
- Ford v. . HarringtonNew York Court of Appeals · 1857
- Grimstone v. CarterNew York Court of Chancery · 1831
- Howell v. RansomNew York Court of Chancery · 1845
- Evans v. EllisCourt for the Trial of Impeachments and Correction of Errors · 1846
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Conlon v. MarshAppellate Division of the Supreme Court of the State of New York · 1920