Casey v. Janes
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the seventh district, where a judgment entered in favor of the plaintiff, upon the report of a referee, had been affirmed.
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Appeal from the general term of the Supreme Court, in the seventh district, where a judgment entered in favor of the plaintiff, upon the report of a referee, had been affirmed. This was an action in the nature of a replevin by Israel Casey, assignee for the benefit of the creditors of John P. Casey, against Henry M. Janes, deputy-sheriff of Livingston county, to recover possession of certain goods, of the value of $999.15, which were included in the assignment, and which the defendant had subsequently levied on and taken possession of, by virtue of an execution issued upon a judgment…
1Opinion of the CourtMiller, J.
It is insisted by the counsel for the defendant, that the findings of fact by the referee do not warrant his conclusions of law. The ground upon which this position is based is, that the plaintiff, as assignee, could acquire no title under the assignment, as against a judgment-creditor, unless, in accordance with the provisions of the revised statutes (2 E. S. 136, § 5), it was accompanied by an immediate delivery, and followed by an actual and continued change of possession of the property in question, or unless it was made to appear on the part of the assignee, that it was made in good…
2Cases cited1 opinion
- Averill v. PattersonNew York Court of Appeals · 1853