Lux v. Davidson
New York Supreme Court
Appeal from circuit court, New York county. Action by Samuel D. Lux against Alexander V. Davidson as sheriff of the city and county of New York. Plaintiff appeals from a judgment entered upon a dismissal of his complaint. Por former report, see 8.M. Y. Supp. 933.
1Opinion of the CourtBrady, J.
This action was brought to recover for the wrongful conversion and taking of personal property. The plaintiff claimed to be the owner of it by virtue of a general assignment for the benefit of creditors, made, executed, and delivered to him by Samuel Michaelis and Moritz Michaelis, under which the plaintiff took immediate possession of the property. The defendant claimed immunity under the law by virtue of an attachment, which was duly issued against the property of the assignors, and proposed upon the trial to investigate the bona fldes of the assignment as matter of defense. Te this the…
2Cases cited3 opinions
- Van Heusen Charles v. . RadcliffNew York Court of Appeals · 1858
- Rinchey v. . StrykerNew York Court of Appeals · 1863
- McKinley v. . BoweNew York Court of Appeals · 1884