Pool v. Ellison
New York Supreme Court
Appeal from circuit court, New York county. Action by Edgar Pool, as assignee, etc., of Henry C. Nichols and Cora I. Nichols, against Rodman B. Ellison, William P. Ellison, Carl Vietor, and Thomas H. Cullen, for the value of goods seized by the sheriff, under an attachment and execution in favor of the defendants Ellison, against property of Henry C. Nichols & Co., shortly after the latter firm had made a general assignment to plaintiff.
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Appeal from circuit court, New York county. Action by Edgar Pool, as assignee, etc., of Henry C. Nichols and Cora I. Nichols, against Rodman B. Ellison, William P. Ellison, Carl Vietor, and Thomas H. Cullen, for the value of goods seized by the sheriff, under an attachment and execution in favor of the defendants Ellison, against property of Henry C. Nichols & Co., shortly after the latter firm had made a general assignment to plaintiff. The sheriff was originally a party defendant. Verdict was rendered for plaintiff. Defendants appeal from the judgment entered thereon.
1Opinion of the CourtVan Brunt, P. J.
This action was brought by the plaintiff, as assignee for the benefit of creditors, to recover the value of a stock of goods which came into his possession as such assignee, and were subsequently attached and sold by the sheriff, who was the original defendant in the action. It appears that the defendants Vietor and Cullen executed and delivered to the sheriff a bond of indemnity, and the attached goods were sold under execution, and the proceeds received by the defendants Ellison. At their request the sheriff’s indemnitors were substituted in his place as defendants, and directed to answer *172th…
2Cited by4 opinions
- Kerner v. BoardmanNew York Court of Common Pleas · 1891
- Dyett v. HymanNew York Court of Common Pleas · 1891
- Goodman v. GoetzNew York Court of Common Pleas · 1891
- Phelps v. DelmoreNew York Supreme Court · 1893