Smith v. Tim
New York Court of Common Pleas
This was an appeal from a judgment, of a referee in favor of defendants in this action, and in favor of Thomas Boyd in another action, dismissing the complaint. The defendants Louis Tim and others, copartners, having obtained an attachment against the property of Clinton II. Smith, in the hands of his assignee, John Gf. Smith (see 13 Abb.
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This was an appeal from a judgment, of a referee in favor of defendants in this action, and in favor of Thomas Boyd in another action, dismissing the complaint. The defendants Louis Tim and others, copartners, having obtained an attachment against the property of Clinton II. Smith, in the hands of his assignee, John Gf. Smith (see 13 Abb. N. C. 31), the assignee gave a bond to Tim & Co., in order to procure the release of the attached property, in which bond if was provided that the assignee reserved to himself the right to sue to recover back the amount thus paid to the attaching creditors.…
1Opinion of the CourtJ. F. Daly, J.
Appeal by plaintiff from judgment in favor of defendants entered on report of referee dismissing complaint for failure of plaintiff to show a valid general assignment for the benefit of creditors, from Clinton H. Smith to himself, by virtue of which he claimed the property described in the complaint.
The defect in the assignment was an irregular certificate of acknowledgement in these words :
“ State of New York, City and County of New York, ss:
“On this twenty-first day of February one thousand eight hundred and eighty-two, before me personally appeared Clinton H. Smith and John Gr. Smith, to…
2Cases cited145 opinions
- Deery v. CraySupreme Court of the United States · 1867
- Chouteau v. AllenSupreme Court of Missouri · 1879
- Britton v. . LorenzNew York Court of Appeals · 1871
- Carpenter v. DexterSupreme Court of the United States · 1869
- Whitehead v. FoleyTexas Supreme Court · 1858
140 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Claflin v. SmithNew York Supreme Court · 1885
- Friend v. MichaelisCity of New York Municipal Court · 1885
- Wooldridge v. IrvingUnited States Circuit Court · 1884