Bagley v. . Bowe
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of blew York entered upon an order made February 4, 1884, which affirmed a judgment in favor of defendant, entered upon a verdict directed by the court. This action was brought by plaintiff, who claimed as assignee of Swezey & Dart, under an assignment for the benefit of creditors, to recover for the alleged conversion of a portion of the assigned property.
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Appeal from judgment of the General Term of the Superior Court of the city of blew York entered upon an order made February 4, 1884, which affirmed a judgment in favor of defendant, entered upon a verdict directed by the court. This action was brought by plaintiff, who claimed as assignee of Swezey & Dart, under an assignment for the benefit of creditors, to recover for the alleged conversion of a portion of the assigned property. Defendant justified under certain .attachments and executions against Swezey & Dart, issued to him as sheriff, claiming the assignment to be fraudulent and void as…
1Opinion of the CourtAndrews, J.
The trial judge directed a verdict for the defendant on the ground that the assignment of February 3, 1881, made by Dart, one of the firm of Swezey & Dart, to the plaintiff, was void, as having been made with intent to hinder, delay and defraud creditors. The assignment in form was a general assignment for the benefit of the creditors of the firm of Swezey & Dart and the individual creditors of Dart, and was executed by Dart in the firm name and also as an individual. It purported to transfer and assign to the plaintiff all the property of the firm, “real, personal and mixed, not exempt from…
2Cases cited2 opinions
- Nicholson v. . LeavittNew York Court of Appeals · 1852
- Coyne v. . WeaverNew York Court of Appeals · 1881
3Cited by54 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Gossard v. WatsonSupreme Court of Colorado · 1950
- Gray v. . Richmond Bicycle Co.New York Court of Appeals · 1901
- Fealey v. . BullNew York Court of Appeals · 1900
- Crook v. . RindskopfNew York Court of Appeals · 1887
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