Goodrich v. Clute
New York Supreme Court
Appeal from judgment on report of a referee. Action by James A. Goodrich, as assignee of George W. Mayers and Daniel P. McQueen under a voluntary assignment for benefit of creditors, against Seth L. Clute, sheriff of the county of Schenectady, for wrongfully seizing property under attachment. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtIngalls, J.
The important question litigated before the referee was whether the voluntary assignment executed by George W. Mayers and Daniel P. McQueen to the plaintiff herein, for the benefit of the creditors of the assignors, was fraudulent and void for the reason, as claimed by the defendant, that it was made with intent on the part of such assignors to hinder, delay, and defraud their creditors. After the plaintiff had taken possession of the assigned property by virtue of such assignment, the defendant, as sheriff of the county of Schenectady, seized such property by virtue of an attachment issued…
2Cases cited8 opinions
- Mowry v. BishopNew York Court of Chancery · 1835
- Stewart v. . PetreeNew York Court of Appeals · 1874
- Van Benschooten v. LawsonNew York Court of Chancery · 1822
- Savage v. . PutnamNew York Court of Appeals · 1865
- Toll v. HillerNew York Court of Chancery · 1844
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3Cited by1 opinion
- Morris v. WellsNew York Supreme Court · 1889