O'Neill v. Nagle
City of New York Municipal Court
Trial by the court without a jury. Charles A. O’Neill, as. the assignee of Patrick Haley for benefit of creditors, brought this action against Samuel Nagle to recover the sum of §616.55, the amount of sales of goods on commission made by the defendant for Haley, less his commissions.
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Trial by the court without a jury. Charles A. O’Neill, as. the assignee of Patrick Haley for benefit of creditors, brought this action against Samuel Nagle to recover the sum of §616.55, the amount of sales of goods on commission made by the defendant for Haley, less his commissions. The defendant pleads in defense that on July 8, 1887, Morris K. Everitt and another, residents of New Jersey and creditors of Haley, brought an action against him in the Hudson Circuit, a court of record in New Jersey, to recover §1,256.66, and procured an attachment therein, which was duly served upon the…
1Opinion of the Court
McAdam, Ch. J.
It is settled law that transfers of property in invitum by operation of law, will generally have effect only in the State where the law which works the transfer has force (Osgood v. Maguire, 61 N. Y. 524, 529 ; Willitts v. Waite, 25 Id. 577 ; Hibernia Nat. Bank v. Lacombe, 84 Id. 367, 384), but voluntary transfers, valid under the laws of the State where the owner resides, will (subject to qualifications hereafter mentioned) operate to transfer the property wherever situated (Burrill on Assignments, § 302 ; Kelly v. Crapo, 45 N. Y. 86, reversed, but upon other grounds, in 16…
2Cases cited21 opinions
- Williams v. . IngersollNew York Court of Appeals · 1882
- Case of the State Tax on Foreign-Held Bonds. Railroad Company v. PennsylvaniaSupreme Court of the United States · 1873
- Kirtland v. HotchkissSupreme Court of the United States · 1879
- Hoyt v. . the Commissioners of TaxesNew York Court of Appeals · 1861
- Warner v. . JaffrayNew York Court of Appeals · 1884
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3Cited by1 opinion
- Fiske v. PeeblesCity of New York Municipal Court · 1888