Brainerd v. . Dunning
New York Court of Appeals
This action was brought by the plaintiffs, assignees of Lawrence R. Brainerd, an insolvent debtor, to recover from the defendants the value of certain property assigned to them, and which was taken and sold by the sheriff under an attachment and execution issued upon a judgment recovered in their favor against Leonard R. Brainerd. The complaint charged the defendants with taking, carrying away and converting to their use the property.
Read the full summary
This action was brought by the plaintiffs, assignees of Lawrence R. Brainerd, an insolvent debtor, to recover from the defendants the value of certain property assigned to them, and which was taken and sold by the sheriff under an attachment and execution issued upon a judgment recovered in their favor against Leonard R. Brainerd. The complaint charged the defendants with taking, carrying away and converting to their use the property. The defendants answered by a general denial, and a justification of taking the property of Lawrence R. Brainerd, under the attachment and sale under the…
1Opinion of the CourtIngraham, J.
Two questions have been submitted to us on this appeal.
1. Whether , the assignment under which the plaintiffs claim, is not void for giving a preference for debts for which the assignor might thereafter become liable to the plaintiffs, or either of them.
2. Whether the defendants in any way directed an interference with, or did any acts mating themselves liable for the acts of the sheriff in selling the property seized under the attachment.
(1.) The words of the assignment complained of are, “ shall pay and discharge in full all debts, bonds, notes, bills and sums of money, due or to grow due…
2Cases cited4 opinions
- Barnum v. HempsteadNew York Court of Chancery · 1839
- Sheldon v. Dodge & McClureNew York Supreme Court · 1847
- Judson v. CookNew York Supreme Court · 1852
- Fox v. JacksonNew York Supreme Court · 1850
3Cited by23 opinions
- People v. . Metropolitan Surety Co.New York Court of Appeals · 1912
- In Re the General Assignment of HevenorNew York Court of Appeals · 1895
- Welsh v. . CochranNew York Court of Appeals · 1875
- People v. . St. Nicholas BankNew York Court of Appeals · 1897
- Van Slyke v. . HyattNew York Court of Appeals · 1871
18 more not listed; retrieve them via the Exa API.