Stanley v. . National Union Bank
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 July 1, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts are sufficiently stated in the opinion.
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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 July 1, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts are sufficiently stated in the opinion. There were no acts done which did away with the necessity of refiling the chattel mortgage to make it good in law; the plaintiff’s possession was merely a formal paper one and merely constructive, and was not actual or open. (Laws of 1833, chap. 279 ; 3 E. S.…
1Opinion of the Court
Ruger, Ch. J.
The plaintiff sought in this action to recover the value of certain personal property alleged to have been wrongfully taken from her by the defendant and converted to its use. The defendant’s answer justified the taking under certain judgments and executions against one O. M. Stanley, upon allegations that the property belonged to the judgment-debtor and had been conveyed by him to the plaintiff, in fraud of the rights of his creditors.
Upon a trial of the issues the jury rendered a verdict for the. plaintiff and the judgment entered thereon was affirmed by the General Term.
This…
2Cases cited4 opinions
- Shute v. DorrNew York Supreme Court · 1830
- Steele v. . BenhamNew York Court of Appeals · 1881
- Rowe v. . SmithNew York Court of Appeals · 1871
- Fort v. GoodingNew York Supreme Court · 1850
3Cited by27 opinions
- Delaware, L. & W. R. v. PetrowskyCourt of Appeals for the Second Circuit · 1918
- McNally v. AddisAppellate Division of the Supreme Court of the State of New York · 1970
- Crosby v. CrosbyAppellate Division of the Supreme Court of the State of New York · 1930
- De Korse v. CommissionerUnited States Tax Court · 1945
- Glenmore Distilleries Company v. SeidemanDistrict Court, E.D. New York · 1967
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