Lanning v. Streeter
New York Supreme Court
APPEAL "by the defendant from a judgment entered ujpon the report of a referee. The facts are stated in the opinion of the court.
Read the full summary
APPEAL "by the defendant from a judgment entered ujpon the report of a referee. The facts are stated in the opinion of the court. On the hearing before the referee, after the plaintiff had given evidence tending to show that at the time of serving the attachment Traver had money in his hands which had been fraudulently placed there ,by John Shoemaker, Jr., under some fraudulent assignment; and after the proof on the part of the plaintiff was closed, the counsel for the defendant moved that the complaint be dismissed upon the following grounds: 1. That the action being for money, and as under…
1Opinion of the Court
By the Court, Johnson, J.
This action was brought by the plaintiff, as sheriff of Yates county, against Jasper Traver, now deceased, and the present defendant has been duly substituted as his executor. The foundation of the action is a debt, alleged to have been due from said Traver, on the 9th of February, 1858, to John Shoemaker, Jr. This alleged debt, the plaintiff, as such sheriff, attached in the hands of Traver, by virtue of an attachment, issued and placed in his hands, in a certain action in this court, brought by Smith Shoemaker against the said John Shoemaker, Jr. The attachment in…
2Cases cited3 opinions
- Rinchey v. . StrykerNew York Court of Appeals · 1863
- Lawrence v. . Bank of the RepublicNew York Court of Appeals · 1866
- Greenleaf v. MumfordNew York Supreme Court · 1868
3Cited by1 opinion
- In re the Assignment of Foley & Co.New York Court of Common Pleas · 1878