Gates v. Ward
New York Supreme Court
This was an appeal from a judgment of the county court of St. Lawrence county, affirming that of a justice. The action was to recover the value of a pair of steers taken and sold by the defendant as deputy sheriff, on an execution in favor of one G. W. against Arba Gates, jun., the former owner of the cattle.
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This was an appeal from a judgment of the county court of St. Lawrence county, affirming that of a justice. The action was to recover the value of a pair of steers taken and sold by the defendant as deputy sheriff, on an execution in favor of one G. W. against Arba Gates, jun., the former owner of the cattle. The plaintiffs claimed them as purchasers from J. Gates, who bought them on a constable’s sale upon executions issued upon two judgments in favor of Abram Gates against Arba Gates, sen. One of the judgments was for $100, and the other for $50. Both were rendered on the same day, and each…
1Opinion of the Court
By the Court, Hand, P. J.
Several objections to the recovery below have been made by the counsel for the appellants, two of which, only, I shall notice. I do not think the judgments obtained by Abram Grates against Arba Grates, sen., were void. A summons in each casé was issued, and personally served; and on the return day the parties appeared. The plaintiff in each case made his complaint upon a note, and the defendant, in open ‘ *426court, consented that judgment should be rendered for the amount. If the proceedings were merely colorable, and to defraud the creditors of the pretended debtor,…
2Cases cited4 opinions
- Falon v. KeeseNew York Supreme Court · 1853
- Atkinson v. ClappNew York Supreme Court · 1828
- Winfield v. MapesNew York Supreme Court · 1847
- Dutcher v. SlackNew York Supreme Court · 1848
3Cited by5 opinions
- Nickerson v. . RugerNew York Court of Appeals · 1879
- Hoffman v. Fish, New York County Courts1864
- Traffarn v. GetmanNew York Supreme Court · 1888
- Billings v. BakerNew York Supreme Court · 1858
- Lowe v. RommellNew York Court of Common Pleas · 1873