Hyslop & Cambpell v. Clarke
New York Supreme Court
THIS was an action of trespass, and was tried before his honour the chief, justice, at the Albany circuit, m April, 1817. The declaration was for taking certain goods and chattels of the plaintiffs. The defendants severally pleaded the general issue, and the defendant, Clarke, gave notice, with his plea, that the goods were seized under an execution on a judgment which he had recovered against Wilbur and Barnett.
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THIS was an action of trespass, and was tried before his honour the chief, justice, at the Albany circuit, m April, 1817. The declaration was for taking certain goods and chattels of the plaintiffs. The defendants severally pleaded the general issue, and the defendant, Clarke, gave notice, with his plea, that the goods were seized under an execution on a judgment which he had recovered against Wilbur and Barnett. At the trial, the plaintiffs gave in evidence an assignment to them from Melancthon Barnett and Daniel Henry,.dated the first , v oi January9 IB 17. This assignment recited, that on…
1Opinion of the CourtVan Ness, J.
The question in this case is, whether the assignment to Campbell and Hyslop is valid inlaw, of not. This must, in a great measure, be determined upon the face of the instrument itself, as a question of law. The assignment is made in trust; first, to satisfy a debt due to Hyslop & Co.; second, to pay all the other creditors, proportionally, on condition of their executing releases of their respective demands; and in case the creditors, or any of them, shall refuse to give such releases, then it is declared that the last mentioned trust shall cease and determine, and the trustees are required…
2Cited by50 opinions
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