Archer v. Hubbell
New York Supreme Court
This was an action of trover, tried at the Oneida circuit in October, 1828, before the Hon. Nathan Williams, one of the circuit .judges.
Read the full summary
This was an action of trover, tried at the Oneida circuit in October, 1828, before the Hon. Nathan Williams, one of the circuit .judges. The property in question was taken by the defendant as a deputy sheriff of Oneida, by virtue of two executions against one Lester Smith, put into his hands, one on the 28th December, 1827, and the other on the 15th March, 1828. Lester Smith commenced keeping tavern in Manchester, Oneida county, in April, 1827, with furniture which cost him about $800. On the 21st December, 1827, he executed a bill of sale of all his furniture, and some other articles of…
1Opinion of the Court
By the Court,
Sutherland, J.
The defendant moves for a new trial on the ground of the mis-diraction of the judge. The only question in the cause was whether the bill of sale from Lester Smith to the plaintiff of all his household furniture, &c. was fraudulent and void against creditors.
It was satisfactorily shewn that Smith was indebted to Archer to about the amount of the property contained in the bill of sale ; that Archer was present in the house where the articles were when the bill of sale was executed, and took formal possession of a part in the name of the whole ; and that he on the same…
2Cases cited1 opinion
- Jennings v. Carter & WilcoxNew York Supreme Court · 1829
3Cited by9 opinions
- Benedict v. JohnsonNew York Supreme Court · 1869
- Castner v. Steamboat Dr. FranklinSupreme Court of Minnesota · 1852
- Clark v. FrenchSupreme Judicial Court of Maine · 1843
- Osborne v. TullerSupreme Court of Connecticut · 1842
- Crow v. BeckerThe Superior Court of New York City · 1867
4 more not listed; retrieve them via the Exa API.