Smedley v. Smith
New York Court of Common Pleas
Appeal from trial term. Action by Frederic G. Smedley, as assignee of the firm of W. I. Negus & Co., against George Y. Smith and others, indemnitors of the sheriff of New York city and county, for an alleged wrongful seizure of property. From a judgment against defendants for $15,760.24, entered .on the decision of the court on a trial without a jury, defendants appeal.
1Opinion of the CourtBookstaver, J.
The plaintiff is thejgeneral assignee of the firm of W I. Negus & Co., lately doing business in the city of New York. It was composed of William I. Negus and William B. C. Carpenter, both of whom resided in New Jersey, where they owned real and personal property. On the 14th of February, 1888, they executed an instrument purporting to be an assignment of all their property to the plaintiff, for the benefit of creditors. This instrument was delivered to the plaintiff, and by him recorded on the next day, but was not acknowledged by the assignors or by the assignees, as required by law. To cure…
2Cases cited6 opinions
- Warner v. . JaffrayNew York Court of Appeals · 1884
- Britton v. . LorenzNew York Court of Appeals · 1871
- Hardmann v. . BowenNew York Court of Appeals · 1868
- Juliand v. . RathboneNew York Court of Appeals · 1868
- Smith v. BoydNew York Court of Common Pleas · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ralph v. BrickellNew York Supreme Court · 1889