Coyne v. . Weaver
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 6, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 6, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought by plaintiff as assignee under a general assignment for the benefit of creditors, executed to him by James Doyle, to recover damages for the alleged taking and conversion of a portion of the assigned property. Defendant levied upon the property in question under and by virtue of certain executions issued…
1Opinion of the CourtFinch, J.
The plaintiff claims under a general assignment for the benefit of creditors, which the defendant insists is void on its face by reason of an unlawful authority conferred upon the assignee. The instrument contains a general grant and conveyance of all the property and choses in action of the assignor, and empowers the assignee “ to sell and dispose of the said real and personal estate, and to collect the said choses in action, with the right to compound for the said choses in action, taking a part for the whole, when he shall deem it expedient.” A literal and rigid construction of this…
2Cases cited6 opinions
- Cuyler v. . McCartneyNew York Court of Appeals · 1869
- Tilson v. . TerwilligerNew York Court of Appeals · 1874
- Adams v. . DavidsonNew York Court of Appeals · 1851
- Townsend v. . StearnsNew York Court of Appeals · 1865
- Dow v. . PlatnerNew York Court of Appeals · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Darrow v. . Family Fund SocietyNew York Court of Appeals · 1889
- Bagley v. . BoweNew York Court of Appeals · 1887
- Robertson v. Ongley Electric Co.New York Court of Appeals · 1895
- Wangner v. . GrimmNew York Court of Appeals · 1902
- In re Kathan's WillNew York Surrogate's Court · 1913
18 more not listed; retrieve them via the Exa API.