Kelly v. . Roberts
New York Court of Appeals
Appeal from the judgment of the Supreme Court in the first district, affirming a judgment for the plaintiff upon the report of a referee. The action was brought under section 232 of the Code, by the plaintiff, as sheriff of the county of New York, holding an attachment against the property of Everett & Jones, to recover the amount of a debt alleged to be due from the defendant to them.
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Appeal from the judgment of the Supreme Court in the first district, affirming a judgment for the plaintiff upon the report of a referee. The action was brought under section 232 of the Code, by the plaintiff, as sheriff of the county of New York, holding an attachment against the property of Everett & Jones, to recover the amount of a debt alleged to be due from the defendant to them. The referee, to whom the cause was referred, reported,' among other matters, not material to the questions discussed 'in the opinion, the following facts and conclusions : That on or about the 29th day of…
1Opinion of the CourtJames, J.
Had the debtors and the defendant Roberts, made it a condition of the sale of the goods of the former to the latter, that the defendant should pay á designated part of the consideration of the sale to Arnold, Constable & Company, and a part to Gumming, Simpson <fc Armstrong, the cases of Berly v. Taylor (5 Hill, 533); Williams v. Fitch (18 N. Y., 546); Lawrence v. Fox (20 id., 268); Gridley v Gridley (24 N. Y., 130); and Lowry v. Steward (25 N. Y., 239); would seem to warrant the proposition that a trust was created for the benefit of those two firms, wMch they might affirm and enforce, and…
2Cases cited5 opinions
- Williams v. . FitchNew York Court of Appeals · 1859
- Gridley v. . GridleyNew York Court of Appeals · 1861
- Delaware & Hudson Canal Co. v. Westchester County BankNew York Supreme Court · 1847
- Lowery v. . StewardNew York Court of Appeals · 1862
- Dingeldein v. . the Third Avenue R.R. Co.New York Court of Appeals · 1868
3Cited by47 opinions
- &198tna National Bank v. . Fourth National BankNew York Court of Appeals · 1871
- Simson v. . BrownNew York Court of Appeals · 1877
- Bennett v. . BatesNew York Court of Appeals · 1884
- Rogers Locomotive & MacHine Works v. KelleyNew York Court of Appeals · 1882
- Bassett v. HughesWisconsin Supreme Court · 1877
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