Stimson v. . Wrigley
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made April 8, 1880, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made April 8, 1880, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was brought to restrain the defendant from selling, as constable of the city of Cohoes, certain machinery levied upon by him, under and by virtue of certain tax and assessment warrants issued to him by the chamberlain of said city. The property in question originally belonged to the Clifton Company, a manufacturing corporation, against…
1Opinion of the CourtFinch, J.
It is found as a fact, upon evidence which is, at least, sufficient on appeal, that the sale to the plaintiffs was not accompanied by an immediate or other delivery of the property sold, nor followed by any actual or continued change of possession, until after the issue of the tax .warrants of the city of Cohoes to its chamberlain. If, therefore, the provisions of the statute of frauds apply (3 E. S. [5th ed.] 222, §§ 5 and 6), and the city at the issue of the tax warrants to the chamberlain was a creditor of the corporation within the meaning of the statute, the presumption of fraud arose…
2Cases cited3 opinions
- Candee v. . LordNew York Court of Appeals · 1849
- Mumper v. . RushmoreNew York Court of Appeals · 1879
- Fonda & Hoag v. GrossNew York Supreme Court · 1836
3Cited by18 opinions
- Benedict v. RatnerSupreme Court of the United States · 1925
- Mandeville v. . AveryNew York Court of Appeals · 1891
- Wallace v. NodineNew York Supreme Court · 1890
- Benedict v. RatnerSupreme Court of the United States · 1925
- Corry v. SheaWisconsin Supreme Court · 1910
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