Romer v. Koch
New York Supreme Court
Appeal from judgment on report of referee. This action was brought by John L. Romer, as assignee of G-eorgeanna Guenther, against Harriets'. Koch, as administratrix of Harry H. Koch, deceased, to recover for the alleged conversion of certain personal property, to-which plaintiff claimed title as assignee. Defendant alleged in defense that Koch was sheriff, and took-the property on attachment and execution against the assignor.
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Appeal from judgment on report of referee. This action was brought by John L. Romer, as assignee of G-eorgeanna Guenther, against Harriets'. Koch, as administratrix of Harry H. Koch, deceased, to recover for the alleged conversion of certain personal property, to-which plaintiff claimed title as assignee. Defendant alleged in defense that Koch was sheriff, and took-the property on attachment and execution against the assignor. The defense was based upon the claim that the assignment was void because of a preference to the assignor’s husband. The referee directed judgment for the defendant on…
1Opinion of the CourtBradley, J.
The question presented is whether or not the general assignment made by Mrs. Guenther for the benefit of her creditors, to the plaintiff, was valid as against such creditors. The referee determined that it was-void, and rendered so by the preference given by it of $7,000 in behalf of John G. Guenther, her husband, for services. Her father, Henry T. Gillett, and his son, were for many years engaged in business at Buffalo, in the firm name of Henry T. Gillett & Son, and her husband was in their service as clerk. The son died, and Guenther became interested as a partner in the business, which…
2Cases cited13 opinions
- Bertles v. . NunanNew York Court of Appeals · 1883
- Coleman v. . BurrNew York Court of Appeals · 1883
- Tiemeyer v. . TurnquistNew York Court of Appeals · 1881
- Buckley v. . WellsNew York Court of Appeals · 1865
- Crook v. . RindskopfNew York Court of Appeals · 1887
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3Cited by3 opinions
- Third National Bank v. GuentherNew York Court of Appeals · 1890
- Nostrand v. . DitmisNew York Court of Appeals · 1891
- Sweetser v. SmithNew York Supreme Court · 1889