Legal Opinion

Murphy v. Bell

New York Supreme Court

Decided January 15, 1853PublishedCited by 2 opinions

This- action was-Brought'by the plaintiffs who were judgment creditors- of the defendant, Bell, in order to reach certain property in the hands-of the- defendants, .Gilmore and Ward, who were the assignees-■of -the defendant, Bell. The defendants, in their answer, set forth the assignment as their authority for receiving and holding .the property, and the plaintiffs demurred to the answer.

1Opinion of the Court

Welles, Justice.

The assignment an this case cannot, in any judgment be upheld.

After .transferring all the property of the defendant, Bell, the assignor, upon certain specified trusts, it provides that the .defendants, Gilmore and Ward, .the assignees, shall forthwith .take possession, "and within such convenient time as to them shall seem meet, and as shall be most conducive to the interests of all.parties concerned, by public or private sale., for the best' prices that can be obtained for the same, shall connvert all and every of the said lands, tenements and hereditaments, goods, chattels…

2Cited by2 opinions

  1. Jessup v. . HulseNew York Court of Appeals · 1860
  2. Benedict v. . HuntingtonNew York Court of Appeals · 1865

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