Van Dine v. Willett
New York Supreme Court
APPEAL from an order made at a special term, denying the plaintiff’s motion for a new trial. The action was for the claim and delivery of one cask containing thirty-nine dozen of saws. It was brought by the plaintiff, as assignee of Jacob Y. D. Wyckoff, in an assignment for the benefit of creditors.
Read the full summary
APPEAL from an order made at a special term, denying the plaintiff’s motion for a new trial. The action was for the claim and delivery of one cask containing thirty-nine dozen of saws. It was brought by the plaintiff, as assignee of Jacob Y. D. Wyckoff, in an assignment for the benefit of creditors. The defendant justified the taking, under and by virtue of an attachment issued to him as sheriff, against the property of Jacob Y. D. Wyckoff, in an action brought by one John Marsden, and alleged that the assignment, under which the plaintiff claimed the property, was fraudulent and void as…
1Opinion of the Court
By the Court, Ingraham, P. J.
The property in controversy in this action was ordered by the assignor to be manufactured for him, in England, prior to the execution of the assignment. It did not arrive here untij after that date. On the arrival of the goods here they were sent to the public store, and were afterwards entered in the name of the assignor on behalf of the assignee, who paid the duties, and who subsequently paid the contract price for the goods, to the manufacturer. The defendant levied upon the goods in behalf of a judgment creditor. The plaintiff claims the goods as assignee, and…
2Cases cited1 opinion
- Planck v. SchermerhornNew York Court of Chancery · 1847
3Cited by3 opinions
- Vandegrift v. . Cowles Engineering Co.New York Court of Appeals · 1900
- Langdon v. ThompsonSupreme Court of Minnesota · 1879
- Lea v. WolfNew York Supreme Court · 1872