Legal Opinion · Dissent

Cuyler v. . McCartney

New York Court of Appeals

Decided January 16, 1869Published

. This was an appeal from the judgment of the General Term of the Supreme Court, in the seventh judicial district, affirming the judgment for defendants,' entered upon the verdict of a jury in their favor.

Read the full summary

. This was an appeal from the judgment of the General Term of the Supreme Court, in the seventh judicial district, affirming the judgment for defendants,' entered upon the verdict of a jury in their favor. The action was brought by the plaintiff, as assignee of William T. Cuyler, to recover for the alleged conversion of certain personal property, included in the assignment, but seized by the defendant, McCartney, sheriff of the county of Livingston, under executions in his hands, issued upon certain judgments recovered by the other defendants against the assignor. The suit was commenced in…

1Dissent

D 'vhtels, J. (dissenting.)

A very large number of exceptions wero taken, on the part of the plaintiff, during the progress of the trial of this cause, and to the charge of the court, by which it was finally submitted to the jury. These exceptions chiefly relate to the admissibility of evidence which was offered by the defendants, and received by the court as tending to establish the conclusion that the assignment, under which the plaintiff derived title to the property in dispute, was made to hinder, delay and defraud creditors, and was afterwards used for that purpose. So far as they were…

2Cases cited7 opinions

  1. Sundry Goods, Wares & Merchandises v. United StatesSupreme Court of the United States · 1829
  2. Crary v. SpragueNew York Supreme Court · 1834
  3. Verplank v. SterryCourt for the Trial of Impeachments and Correction of Errors · 1815
  4. United States v. ColeU.S. Circuit Court for the District of Ohio · 1853
  5. Browning v. StateMississippi Supreme Court · 1856

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API