Rodman v. Nathan

In December, 1877, Nathan executed and delivered to Hodman as trustee a general assignment in trust for his creditors. The property assigned consisted of a stock of merchandise, and Hodman proceeded to dispose of it in the store where it was when the assignment was made, retaining Nathan as his clerk. In August, 1878, Hodman undertook to discharge Nathan from his service, whereupon the latter assumed the right to control, and declared the assignment at an end. As Nathan then had physical possession of the goods, Hodman replevied them, and they were appraised at $2824.13.

On the trial of the…