Cuyler v. . McCartney
New York Court of Appeals
. This was an appeal from the judgment of the General Term of the Supreme Court, in the seventh judicial district, affirming the judgment for defendants,' entered upon the verdict of a jury in their favor.
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. This was an appeal from the judgment of the General Term of the Supreme Court, in the seventh judicial district, affirming the judgment for defendants,' entered upon the verdict of a jury in their favor. The action was brought by the plaintiff, as assignee of William T. Cuyler, to recover for the alleged conversion of certain personal property, included in the assignment, but seized by the defendant, McCartney, sheriff of the county of Livingston, under executions in his hands, issued upon certain judgments recovered by the other defendants against the assignor. The suit was commenced in…
1Opinion of the CourtWoodruff, J.
I concur fully in the proposition that after the execution and delivery of an assignment for the benefit of creditors, and the entry of the trustees upon the performance of the trust, by taking possession of the assigned property, the assignor cannot, by his declarations or admissions, out of court, invalidate the assignment or furnish evidence of his own or the trustees’ fraudulent intent in making or receiving it, for the purpose of defeating the claim of the trustees to hold and administer the property according to the trust.
Where such is the purpose and proposed effect of the evidence, it…
2Cases cited2 opinions
- Miller v. AdsitNew York Supreme Court · 1837
- Adams v. . DavidsonNew York Court of Appeals · 1851
3Cited by50 opinions
- People v. SandersNew York Court of Appeals · 1982
- Wall v. StateSupreme Court of Georgia · 1922
- Hamilton v. SmithMichigan Supreme Court · 1878
- Dewey v. . MoyerNew York Court of Appeals · 1878
- Kain v. . LarkinNew York Court of Appeals · 1892
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