Juliand v. . Rathbone
New York Court of Appeals
Action to recover damages for the taking and conversion of personal property consisting of a quantity of dry goods. The goods in question were, in May, 1860, the property of Eichols, who, on the twenty-first of that month, jnade an assignment thereof to the brother of the Plaintiff, in trust for his creditors, giving preferences.
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Action to recover damages for the taking and conversion of personal property consisting of a quantity of dry goods. The goods in question were, in May, 1860, the property of Eichols, who, on the twenty-first of that month, jnade an assignment thereof to the brother of the Plaintiff, in trust for his creditors, giving preferences. The assignment was acknowledged and the certificate thereof endorsed before delivery, as required by the act of 1860. The assignor did not make and deliver to the Oounty Judge the inventory of his property, schedule of his creditors, &c., required by the act, until…
1Opinion of the CourtGrover, J.
The Respondent’s counsel insists that the judgment in the present case is not appealable to this Court, and cites Van Bergen v. Bradley, 36 N. Y. 316, in support of his position. The cases are not analogous. In the latter the judgment was entered upon the verdict without any order therefor by the General Term. In the present case the judgment was rendered upon the order of the General Term. It was, therefore, appealable to this Court without any further proceedings in the Supreme Court.
This case was regarded by the Supreme Court as involving the question whether an observance of sections 2…
2Cases cited2 opinions
- Sheldon v. StrykerNew York Supreme Court · 1864
- Van Bergen v. . BradleyNew York Court of Appeals · 1867
3Cited by25 opinions
- National Bank of Greensboro v. GilmerSupreme Court of North Carolina · 1895
- State Ex Rel. Battle v. City of Rocky MountSupreme Court of North Carolina · 1911
- Produce Bank v. . MortonNew York Court of Appeals · 1876
- In Re the Objections to the Certificates of Nomination of HennessyNew York Court of Appeals · 1900
- Matter of ClarkNew York Court of Appeals · 1901
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