Turner v. Jaycox
New York Supreme Court
APPEAL from an order made at a special term, setting aside a nonsuit and granting a new trial. The action was brought to recover damages for the conversion of personal property. The plaintiff claimed to hold the property under an assignment made by Norman Pnlver and David 0. Pnlver, constituting the partnership firm of N. Pulver & Go. to him in trust for the benefit' of creditors.
Read the full summary
APPEAL from an order made at a special term, setting aside a nonsuit and granting a new trial. The action was brought to recover damages for the conversion of personal property. The plaintiff claimed to hold the property under an assignment made by Norman Pnlver and David 0. Pnlver, constituting the partnership firm of N. Pulver & Go. to him in trust for the benefit' of creditors. The defendants, in their answer, alleged the recovery of a judgment, in an attachment suit commenced by them against if. & D. 0. Pulver, upon which an execution was issued and the property sold in the manner…
1Opinion of the Court
By the Court, Johnson, J.
The plaintiff claimed the goods in question as the assignee of the copartnership firm *172of N. Pulver & Co., which, assignment was made and the trusts thereby created accepted on the 4th'of April, 1861. The defendants are judgment creditors of the said firm, and took the goods by virtue of an attachment in' an action in their favor, on the 22d of April, 1861, which they subsequently caused to be sold upon an execution issued on the judgment in the action. The plaintiff took possession of the goods immediately upon the execution of the assignment to him, and continued in…
2Cases cited1 opinion
- Platt v. . LottNew York Court of Appeals · 1858
3Cited by4 opinions
- Eyre v. BeebeNew York Supreme Court · 1864
- Crook v. RindskopfNew York Supreme Court · 1885
- In re the General Assignment of DavisNew York Supreme Court · 1884
- Raynor v. RaynorNew York Supreme Court · 1880