Legal Opinion

Kingston v. Koch

New York Supreme Court

Decided June 20, 1890PublishedCited by 1 opinion

Appeal from judgment on report of referee. Action by George L. Kingston, assignee, etc., against Harriet N. Koch, administratrix, etc. Judgment was given dismissing the complaint upon the merits, and plaintiff appeals.

1Opinion of the CourtMacomber, J.

The plaintiff, as assignee for the benefit of the creditors of one George Southwick, brought this action to recover the value of certain property which he claimed under such assignment, and which had been seized by the defendant’s intestate, as sheriff of Brie county, under a judgment and execution issued against the assignor in behalf of one Houghtaling. The action of Houghtaling was begun in the municipal court of Buffalo, November 28, 1884, and the summons therein was made returnable at 10 o’clock a. m. on the 5tli day of December of that year. An unverified answer was attempted to be…

2Cases cited3 opinions

  1. Cuyler v. . McCartneyNew York Court of Appeals · 1869
  2. Chapin v. . ThompsonNew York Court of Appeals · 1882
  3. Reichenbach v. WinkhausNew York Court of Common Pleas · 1884

3Cited by1 opinion

  1. South Danvers National Bank v. StevensAppellate Division of the Supreme Court of the State of New York · 1896

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