Bennett v. Bagley
New York Supreme Court
Appeal from a judgment in favor of tbe defendant, entered upon tbe report of a referee, dismissing tbe complaint with costs. Lucien E. Paine was a judgment debtor against whom two judgments were, recovered on March 28, 1876, by Henry Bagley.
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Appeal from a judgment in favor of tbe defendant, entered upon tbe report of a referee, dismissing tbe complaint with costs. Lucien E. Paine was a judgment debtor against whom two judgments were, recovered on March 28, 1876, by Henry Bagley. Executions were issued on tbe judgments, and placed in tbe bands of tbe sheriff, who levied on tbe personal property of tbe said Paine, including an engine, boiler, and machinery described in the complaint herein and situated in a building upon tbe land of said Paine. The sheriff advertised the property, by virtue of the said executions, to be sold on the…
1Opinion of the Court
Hardin, J.:
"We think the conclusions of fact reached by the referee were sustained by the evidence.
The judgment debtor, by his agreement that the engine and machinery be sold as personal property, which agreement was acted upon, manifestly influenced the judgment creditor, in bidding upon the real estate, thus divested of the machinery. By the agreement, and the reliance placed upon it by the judgmeut creditor, the judgment debtor became estopped from claiming that the machinery was a part of the real estate as against the judgment creditor. (Sisson v. Hibbard, 75 N. Y., 542.) When the debtor…
2Cases cited5 opinions
- Mandeville v. . ReynoldsNew York Court of Appeals · 1877
- Sisson v. . HibbardNew York Court of Appeals · 1879
- Cunningham v. . CassidyNew York Court of Appeals · 1858
- Miller v. . LewisNew York Court of Appeals · 1851
- Tugwell v. BussingNew York Supreme Court · 1874