Briggs v. Gelm
Appellate Division of the Supreme Court of the State of New York
' Appeal by the defendants, John Gelm, as sheriff of Chautauqua county, and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chautauqua on the 11th day of January, 1899, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 24th day of December, 1896, denying the defendants’ motion for a new trial made upon, the minutes. ,
1Opinion of the Court
Williams, J.:
The judgment and order should be affirmed, with costs.
The action was brought by thé assignee for the benefit of creditors of Elihu S. Briggs against the sheriff of Chautauqua county and his deputy to recover for the conversion of personal property. The plaintiff claimed title to the property under a chattel mortgage and a foreclosure sale thereunder. The defendants took and held the property under an execution against the mortgagors, and claimed that the mortgage was void in that it was given with intent to hinder, delay and defraud- their creditors, some of whom were represented…
2Cases cited1 opinion
- Layman v. John Anderson & Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by3 opinions
- Benedict v. RatnerSupreme Court of the United States · 1925
- Benedict v. RatnerSupreme Court of the United States · 1925
- Schutzbank v. Colonial Discount Co.Appellate Division of the Supreme Court of the State of New York · 1936