Brown v. . Guthrie
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made the first Tuesday of January, 1886, which reversed a judgment in favor of defendant, entered upon the report of a referee.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made the first Tuesday of January, 1886, which reversed a judgment in favor of defendant, entered upon the report of a referee. (Reported below, 39 Hun, 29.) This action was brought by leave of the court, under section 677 of the Code, to recover damages for the alleged conversion of personal property levied upon by plaintiff O’Meara, as sheriff, by virtue of an attachment issued in an action wherein plaintiff Brown was plaintiff and one Morrison defendant. The defendant here justified his taking…
1Opinion of the CourtFinch, J.
This controversy is a struggle between creditors of the same debtor for a preference. The defendant has obtained it by negotiation and agreement, and has had it wrested from him by the judgment of the court from whose determination he appeals.
The question turns upon the validity of his chattel mortgage, which was assailed as fraudulent. The finding of the referee was to the contrary, and has not been reversed by the General Term, which acted upon supposed errors of law, leaving the facts to stand as determined by the trial court. We must assume, therefore, that the transaction was not…
2Cases cited2 opinions
- Brackett v. . HarveyNew York Court of Appeals · 1883
- Britton v. . LorenzNew York Court of Appeals · 1871
3Cited by22 opinions
- City of New York and the Industrial Commissioner of the State of New York v. United StatesCourt of Appeals for the Second Circuit · 1960
- Delaney v. . ValentineNew York Court of Appeals · 1898
- Jarvis v. WebberCalifornia Supreme Court · 1925
- Sabichi v. ChaseCalifornia Supreme Court · 1895
- Paddell v. JanesNew York Supreme Court · 1914
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