First National Bank v. Dun
New York Supreme Court
Appeal from an order staying proceedings upon an execution issued by the Second National Bank against John Dun, and setting aside a levy made by the sheriff of Oswego county, in virtue of such execution.
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Appeal from an order staying proceedings upon an execution issued by the Second National Bank against John Dun, and setting aside a levy made by the sheriff of Oswego county, in virtue of such execution. On the 7th day of January, 1882, John Dun made a general assignment, for the benefit of his creditors, to John Dorsey, Jr., his bookkeeper and clerk, who took possession of the assigned property, consisting among other things of a malt house, in which were 18,000 to 20,000 bushels of malt in bulk. Two days later, viz., January 9, 1882, the First National Bank brought an action of replevin for…
1Opinion of the Court
Hardin, J.:
Both banks claim title to or an interest in the 10,000 bushels of malt through Dun, who on the 7th of January, 1882, was in possession thereof. Upon the title or interest of the plaintiff, The First National Bank, on the ninth of January, two days after the *531execution of a general assignment for the benefit of creditors, by Dun to Dorsey, commenced an action of replevin and claimed the delivery of the malt. It is insisted in the argument by the appellant that the First National Bank cannot maintain any interest in or title to the malt as against the judgment and execution of the…
2Cases cited8 opinions
- Parshall v. . EggertNew York Court of Appeals · 1873
- Manning, Bowman Co. v. . KeenanNew York Court of Appeals · 1878
- Manning v. . MonaghanNew York Court of Appeals · 1863
- Shipman v. ClarkNew York Supreme Court · 1847
- Hull v. . CarnleyNew York Court of Appeals · 1854
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