McGinn v. Ross
The Superior Court of New York City
Appeal from a judgment. John McGinn sued Joseph Ross, in the New York superior court, to recover the balance of the purchase money, due on the sale of a stock of goods and fixtures in a store. The facts of the case were as follows : On March 29, 1865, Branigan, the plaintiff’s assignor, sold and delivered to the defendant, for a consideration of four thousand dollars, the property in question.
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Appeal from a judgment. John McGinn sued Joseph Ross, in the New York superior court, to recover the balance of the purchase money, due on the sale of a stock of goods and fixtures in a store. The facts of the case were as follows : On March 29, 1865, Branigan, the plaintiff’s assignor, sold and delivered to the defendant, for a consideration of four thousand dollars, the property in question. The defendant paid sixteen hundred dollars of the purchase 'money at the time of the sale, and agreed to pay the balance to Branigan’s wife on the following day, which, however, he failed to do. Shortly…
1Opinion of the Court
By the Court.*—Monell, J.
As the rejection of *25the evidence offered by the defendant appears to have been erroneous, we have not deemed it necessary to examine any of the interesting questions raised by the other exceptions.
It is not understood upon what ground the evidence was excluded, but the plaintiff’s counsel insisted that there had been no sufficient levy upon the claim in suit, so as to vest the right to it in the sheriff.
It must be assumed, for the purpose of examining the question, that the execution upon the second judg-. ment was unsatisfied; otherwise the office of the attachment…
2Cases cited1 opinion
- Burkhardt v. Sanford & FarnamNew York Supreme Court · 1852