McCarthey v. Wright
New York Supreme Court
Appeal from special term, Herkimer county. Action by David K. McCarthey and others against Isaac H. Wright and others. An order was made requiring Isaac B. Bichmond, the assignee of the defendants, to pay costs out of the assigned funds in his hands, and he appeals.
1Opinion of the CourtMartin, J.
This was an action of replevin. It was commenced January 22, 1886. The property which was the subject of this litigation was sold by the plaintiffs to the firm of Johns Bros., and by that firm transferred to the defendants. The sale and transfer of the goods in question was sought to be avoided, and the goods recovered, upon the grounds: (1) That the sale by the plaintiffs to Johns Bros, was induced by fraud; and (2) that the transfer to the defendants was also fraudulent and void as to the plaintiffs, and hence that no title passed to the defendants. The property was taken by an officer…
2Cases cited6 opinions
- Miller v. FranklinNew York Supreme Court · 1839
- Newell Universal Mill Co. v. . MuxlowNew York Court of Appeals · 1889
- McHarg v. DonellyNew York Supreme Court · 1858
- Newell Universal Mill Co. v. MuxlowNew York Supreme Court · 1889
- Taylor v. BolmerNew York Supreme Court · 1846
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