Legal Opinion

Powers v. Graydon

The Superior Court of New York City

Decided February 7, 1863PublishedCited by 2 opinions

Appeals from orders setting aside warrants of attachment and orders of arrest, in two actions by different plaintiffs against the same defendants. The plaintiffs in* the first action were George W. Powers, Greenleaf TL Sheridan, and Randal J. Powers. The plaintiffs in the second action were Adrian Iselin, Ernest Giraud and Henry J. Barbey. The defendants were William Graydon, James Graydon, Thomas A. McOreery, George H. Seeley and William A. Scott.

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Appeals from orders setting aside warrants of attachment and orders of arrest, in two actions by different plaintiffs against the same defendants. The plaintiffs in* the first action were George W. Powers, Greenleaf TL Sheridan, and Randal J. Powers. The plaintiffs in the second action were Adrian Iselin, Ernest Giraud and Henry J. Barbey. The defendants were William Graydon, James Graydon, Thomas A. McOreery, George H. Seeley and William A. Scott. On the 7th of March, 1861, several of the creditors of the defendants holding notes made by the defendants, executed, under their seals, an…

1Opinion of the Court

By the Court—Bosworth, Ch. J.

Since the appeals in these cases were argued, a copy of the assignment of Graydon, McCreery & Co. has been submitted to the Court, by the written consent of the attorneys of the parties. The Court is now in a condition to consider the provisions of the assignment by looking at them as actually written, instead of being obliged to construe the allegations in the affidavits to ascertain the terms or legal effect of such provisions.

The assignment is not invalid by reason of anything appearing on its face, of which these plaintiffs, who are creditors of the firm, can…

2Cases cited21 opinions

  1. Wakeman v. GroverNew York Court of Chancery · 1832
  2. Hyslop & Cambpell v. ClarkeNew York Supreme Court · 1817
  3. Anderson v. RobertsNew York Supreme Court · 1820
  4. Murray v. RiggsCourt for the Trial of Impeachments and Correction of Errors · 1818
  5. Wintringham v. LafoyNew York Supreme Court · 1827

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3Cited by2 opinions

  1. Spaulding v. . StrangNew York Court of Appeals · 1867
  2. Spaulding v. StrangNew York Court of Appeals · 1867

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