Merriam v. Wood & Parker Lithographing Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 20, 1897. The nature of the order and the facts, so far as material, are stated in the opinion. The order is appealable to this court. (Code Civ. Pro. §§ 190, 768, 1240, 1323, 3333, 3344; O'Gara v. Kearney, 77 N. Y. 423 ; Peri v. N. Y. C. & H. R. R. R. Co., 152 N. Y. 521; Gillig v. Treadwell Co., 151 N. Y. 552; 12 Am. & Eng.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 20, 1897. The nature of the order and the facts, so far as material, are stated in the opinion. The order is appealable to this court. (Code Civ. Pro. §§ 190, 768, 1240, 1323, 3333, 3344; O'Gara v. Kearney, 77 N. Y. 423 ; Peri v. N. Y. C. & H. R. R. R. Co., 152 N. Y. 521; Gillig v. Treadwell Co., 151 N. Y. 552; 12 Am. & Eng. Ency. of Law, 301, 302; Dudley v. Mayhew, 3 N. Y. 9; McMahon v. Rauhr, 47 N. Y. 67; Wilmore v. Flack, 96 N. Y. 512; Hoes v. Edison G. El. Co., 150 N. Y.…
1Opinion of the CourtO’Brien, J.
This is an appeal from an order granting restitution under section 1323 of the Code, made under the following circumstances: On November 7,1896, the defendant, a domestic corporation, made an assignment to one Lockwood for the benefit of creditors. The assignee proceeded to execute the trust, but found substantially all the assigned property in the hands of the sheriff who held it under judgments and attachments obtained prior to the assignment. One of the attachments was granted and served two days before the assignment in an action against the corporation by the plaintiff, and that is the…
2Cases cited3 opinions
- Haebler v. . MyersNew York Court of Appeals · 1892
- Peri v. New York Central & Hudson River RailroadNew York Court of Appeals · 1897
- Gillig v. George C. Treadwell Co.New York Court of Appeals · 1897
3Cited by9 opinions
- Guarantee Trust & Safe Deposit Co. v. Philadelphia, Reading & New England RailroadNew York Court of Appeals · 1899
- Van Arsdale v. . KingNew York Court of Appeals · 1898
- Knickerbocker Trust Co. v. Oneonta, Cooperstown & Richfield Springs Railway Co.New York Court of Appeals · 1910
- New York Security & Trust Co. v. Saratoga Gas & Electric Light Co.New York Court of Appeals · 1898
- Stahl v. NorwichAppellate Division of the Supreme Court of the State of New York · 1923
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