Hardmann v. . Bowen
New York Court of Appeals
This is an action of replevin. Tbe Plaintiffs claim to make title to tbe property tbrougb an assignment in trust for the benefit of creditors, made by James Sheridan, John Sheridan, and Patrick Sheridan. The Defendant is the Sheriff of Broome county, and claims to hold the property by virtue of a seizure thereof, upon an attachment issued out of the Supreme Court in favor of one Phelps, and other creditors, against the said Sheridans.
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This is an action of replevin. Tbe Plaintiffs claim to make title to tbe property tbrougb an assignment in trust for the benefit of creditors, made by James Sheridan, John Sheridan, and Patrick Sheridan. The Defendant is the Sheriff of Broome county, and claims to hold the property by virtue of a seizure thereof, upon an attachment issued out of the Supreme Court in favor of one Phelps, and other creditors, against the said Sheridans. The cause was tried before Justice Balcom, without a jury, and he found the following facts, to wit: That the said Sheridans made tbe said assignment on the…
1Opinion of the CourtMason, J.
The question presented for adjudication in this case is, whether the delivery of this assignment, executed by the Sheridans, but not acknowledged, with the delivery of the possession of the property to the Plaintiffs, under the assignment, passed the title to them, so that they can hold it against the Defendant’s- levy on the attachment against the Sheridans, in favor of Phelps and others.
The question depends entirely upon the construction to be put upon the first section of the Act o.f April 13, 1860, which declares that “ Every conveyance or assignment made by a debtor or debtors of his,…
2Cited by42 opinions
- Burns Jackson Miller Summit & Spitzer v. LindnerNew York Court of Appeals · 1983
- Britton v. . LorenzNew York Court of Appeals · 1871
- Lowry v. . InmanNew York Court of Appeals · 1871
- Rogers v. . PellNew York Court of Appeals · 1898
- Rosin v. Lidgerwood Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1903
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