Hastings v. Clafflin
New York Supreme Court
Appeal from circuit court, Schenectady county. Action by Mary McC. Hastings against John Clafflin and others, for trespass in wrongfully taking personal property. The defense sets up title in a judgment debtor of defendant, and justifies the seizure under an execution on the judgment, and alleges that the transfers through which plaintiff claims are fraudulent.
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Appeal from circuit court, Schenectady county. Action by Mary McC. Hastings against John Clafflin and others, for trespass in wrongfully taking personal property. The defense sets up title in a judgment debtor of defendant, and justifies the seizure under an execution on the judgment, and alleges that the transfers through which plaintiff claims are fraudulent. From a judgment in favor of plaintiff entered on the verdict of a jury, and from an order denying a motion for a new trial made on the minutes of the judge, defendants appeal.
1Opinion of the CourtMayham, J.
The plaintiff, at the time of the taking of the property, was in possession of and claimed title to the same, derived by her through transfers as follows: On the 2d of April, 1889, Mary Linn, plaintiff’s mother, recovered a judgment against James Hastings, plaintiff’s husband, for the sum of $1,755.87, which on the 2d of April, 1889, was assigned by Mary Linn to the plaintiff, who on the 11th of April, 1889, assigned the same to B. G-. Van Zant; he being at that time the creditor of James Hastings for the amount of a $200 note held by Van Zant against Hastings. On the same day James Hastings,…
2Cases cited5 opinions
- Knapp v. . SmithNew York Court of Appeals · 1863
- McDonald v. . WalterNew York Court of Appeals · 1869
- Davis v. Newkirk, Barker & YatesNew York Supreme Court · 1847
- Algeo v. . DuncanNew York Court of Appeals · 1868
- Dickson v. Broadway & Seventh Avenue RailroadNew York Court of Appeals · 1872