Cuyler v. McCartney
New York Supreme Court
THIS was an appeal from a judgment for costs entered'at a special term upon a verdict for the defendants. The action was brought to recover the value of certain personal property, taken by the defendant, Hugh McCartney, then the sheriff of Livingston county, from the plaintiffs, by the direction of the other defendants. The plaintiffs claimed the property as the assignees of William T. Cuyler, in an assignment in trust for the benefit of creditors.
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THIS was an appeal from a judgment for costs entered'at a special term upon a verdict for the defendants. The action was brought to recover the value of certain personal property, taken by the defendant, Hugh McCartney, then the sheriff of Livingston county, from the plaintiffs, by the direction of the other defendants. The plaintiffs claimed the property as the assignees of William T. Cuyler, in an assignment in trust for the benefit of creditors. The complaint alleged that on or about the 31st day of August, 1857, William T. Cuyler, by a certain deed of assignment conveyed to the…
1Opinion of the Court
By the Court,
Knox, J.
The action was for selling certain property which the plaintiffs claimed as assignees under a voluntary assignment made by William T. Ouyler to the plaintiffs on the 31st day of August, 1857. ' The main question was as to the validity of this assignment. Was it made to hinder, delay or defraud creditors ? The jury found that it was; and the plaintiffs now ask for a new trial, on the ground that improper evidence was admitted upon the trial, which bore with such directness and force upon the main issue involved, that the court cannot say that it did not contribute greatly…
2Cases cited5 opinions
- Apthorp v. ComstockNew York Court of Chancery · 1829
- Miller v. AdsitNew York Supreme Court · 1837
- Griffin v. . MarquardtNew York Court of Appeals · 1858
- Harris v. WilsonNew York Supreme Court · 1831
- Jones v. East Society of Methodist Episcopal ChurchNew York Supreme Court · 1855
3Cited by11 opinions
- Lew Weinrich & Co. v. PorterSupreme Court of Missouri · 1871
- Browning v. StateMississippi Supreme Court · 1872
- Peck v. YorksNew York Supreme Court · 1866
- Cox v. ViseSupreme Court of Arkansas · 1887
- Peck v. CrouseNew York Supreme Court · 1864
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