Pine & Southwick v. Rikert
New York Supreme Court
APPEAL by the defendants from a judgment entered at a special term, upon the verdict of a jury. The action was brought to recover damages of the defendants for wrongfully taking from the possession of the plaintiffs, and carrying away, divers goods and chattels claimed to belong to them.
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APPEAL by the defendants from a judgment entered at a special term, upon the verdict of a jury. The action was brought to recover damages of the defendants for wrongfully taking from the possession of the plaintiffs, and carrying away, divers goods and chattels claimed to belong to them. The defendants justified the taking of the goods, under and by virtue ■of an execution issued to the defendant Rikert, as sheriff of the county of Dutchess, upon a judgment in the supreme court in favor of L. 0. Wilson and others against Joseph Wright; also under an execution on a judgment in favor of (x. P.…
1Opinion of the Court
By the Court, S. B. Strong, J.
There is no valid objection to the provisions of the assignment. The direction to pay “the debts” of the creditors of the assignor is in equivocal terms. The debts of a person may be such as are due to him, although the more usual signification is those owing by him. *476It is not a palpable violation of the literal meaning of the words to apply them to the debts due to the persons designated, and we aire therefore authorized to look to the scope of the entire instrument, for their interpretation. The manifest design is to pay the debts to the creditors, and that…
2Cited by4 opinions
- Olney v. TannerDistrict Court, S.D. New York · 1882
- Read v. WorthingtonThe Superior Court of New York City · 1862
- Juliand v. RathboneNew York Supreme Court · 1862
- Ogden Paint, Oil & Glass Co. v. ChildUtah Supreme Court · 1894