McIlhargy v. . Chambers
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the first judicial dejiartment, made at the October Term, 1888, which set aside a verdict and granted defendants a new trial on exceptions ordered to be heard in the first instance at General Term. This action was brought by plaintiff, claiming as assignee, for the benefit of creditors of Conrad W. Wennberg to recover damages for the alleged unlawful taking and conversion of the assigned property.
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Appeal from an order of the General Term of the Supreme Court in the first judicial dejiartment, made at the October Term, 1888, which set aside a verdict and granted defendants a new trial on exceptions ordered to be heard in the first instance at General Term. This action was brought by plaintiff, claiming as assignee, for the benefit of creditors of Conrad W. Wennberg to recover damages for the alleged unlawful taking and conversion of the assigned property. The material facts are stated in the opinion. The delivery of an assignment for the benefit of creditors is not dispensed with by the…
1Opinion of the CourtDanforth, J.
The controversy is between the voluntary assignee of an insolvent debtor for the benefit of his creditors on one side, and his judgment and execution creditors on the other. The jury found in favor of the assignee, but judgment on the verdict was suspended until exceptions taken at the trial could be passed upon by the General Term. That court sustained the exceptions and ordered a new trial. From that order this appeal is taken by the assignee.
The principal question considered in both courts, was whether the assignment under which the plaintiff claimed, operated as a valid instrument at the…
2Cases cited8 opinions
- Warner v. . JaffrayNew York Court of Appeals · 1884
- Campbell v. . WoodworthNew York Court of Appeals · 1859
- Brackett v. . BarneyNew York Court of Appeals · 1863
- Jackson ex dem. Ten Eyck v. RichardsNew York Supreme Court · 1827
- Andrews v. PontueNew York Supreme Court · 1840
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3Cited by10 opinions
- Ten Eyck v. . WhitbeckNew York Court of Appeals · 1898
- Bartemeier v. Central National Fire InsuranceSupreme Court of Iowa · 1916
- South Danvers National Bank v. StevensAppellate Division of the Supreme Court of the State of New York · 1896
- Armstrong v. Borden's Condensed Milk Co.Appellate Division of the Supreme Court of the State of New York · 1901
- In re Colwell Lead Co.District Court, S.D. New York · 1917
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