Phillips v. Cook
New York Supreme Court
This was an action of trespass de bonis asportatis, tried at the Onondaga circuit in September, 1837, before the Hon. Daniel Moseley, one of the circuit judges. The plaintiffs made title to the property in question under an assignment for the benefit of creditors, executed to them by Mrs. A. Muoul, a member of the firm of A. Mamaus f Co. composed of herself and A. Damans.
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This was an action of trespass de bonis asportatis, tried at the Onondaga circuit in September, 1837, before the Hon. Daniel Moseley, one of the circuit judges. The plaintiffs made title to the property in question under an assignment for the benefit of creditors, executed to them by Mrs. A. Muoul, a member of the firm of A. Mamaus f Co. composed of herself and A. Damans. The assignment was executed in the evening of the eighth day of December, 1836. The business of the firm was that of druggists and booksellers, and by the assignment executed by Mrs. Ruoul, in the name of the firm, all the…
1Opinion of the Court
By the Court,
Cowen, J.
A point is now made on the validity of the levy; but it was not raised at the trial: and the only question is whether trespass will lie against the sheriff for seizing and selling under a fi. fa. the property of an insolvent firm, to satisfy the individual debt of one of the members. The action here is the same as if it had been brought by the partners, it being by trustees, claiming under an assignment made subsequent to the levy. The question has been a good deal discussed before us in consequence of some apparent conflict in the cases, and a difficulty upon them, felt…
2Cases cited16 opinions
- Pierce v. JacksonMassachusetts Supreme Judicial Court · 1810
- Crane v. FrenchNew York Supreme Court · 1828
- Phillips v. BridgeMassachusetts Supreme Judicial Court · 1814
- Fisk v. HerrickMassachusetts Supreme Judicial Court · 1810
- United States v. HackSupreme Court of the United States · 1834
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Lowe v. WingWisconsin Supreme Court · 1882
- Sheppard v. SheltonSupreme Court of Alabama · 1859
- Lee v. WilkinsTexas Supreme Court · 1886
- Berry v. HarrisCourt of Appeals of Maryland · 1864
- Reed v. JohnsonSupreme Judicial Court of Maine · 1844
5 more not listed; retrieve them via the Exa API.