Rinchey v. Stryker
New York Court of Appeals
This action was brought in the supreme court to recover the value of certain goods that the plaintiff alleged the defendant forcibly and wrongfully took from his possession and carried away, at the city of Brooklyn, in November, 1857. The defendant set up in his answer, for a justification, that he was the sheriff of Kings county ; that one of his deputies seized the goods by virtue of certain attachments granted by a justice of the supreme court, in certain actions…
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This action was brought in the supreme court to recover the value of certain goods that the plaintiff alleged the defendant forcibly and wrongfully took from his possession and carried away, at the city of Brooklyn, in November, 1857. The defendant set up in his answer, for a justification, that he was the sheriff of Kings county ; that one of his deputies seized the goods by virtue of certain attachments granted by a justice of the supreme court, in certain actions commenced in that court, by divers persons, against William Cartwright and Moses R. Hassard; that the attachments were issued…
1Opinion of the CourtBalcom, J.
The main question in this case is, whether the defendant, as sheriff, could rightfully seize the goods in question and take them from the possession of the plaintiff, by virtue of attachments issued by a justice of the supreme court, in actions in that court against Cartwright and Hassard, on the ground that they, with the intent to hinder, delay and defraud their creditors, assigned the goods in question to Parise, who took them with the like *78intent, and transferred the same to the plaintiff with notice of the fraud ?
Section 229 of the Code authorizes the issuing of an attachment in an…
2Cases cited4 opinions
- Hastings v. BelknapCourt for the Trial of Impeachments and Correction of Errors · 1845
- Hall v. StrykerNew York Supreme Court · 1859
- Kelly v. BreusingNew York Supreme Court · 1860
- Thayer v. WilletThe Superior Court of New York City · 1859
3Cited by8 opinions
- Quarl v. AbbettIndiana Supreme Court · 1885
- Greenleaf v. MumfordNew York Supreme Court · 1865
- Gross v. DalyNew York Court of Common Pleas · 1875
- Wolcott v. AshenfelterNew Mexico Supreme Court · 1890
- Mechanics & Traders' Bank of Jersey City v. DakinNew York Supreme Court · 1867
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