Tim v. Smith
New York Court of Common Pleas
Louis Tim and others (and Thomas Boyd and others in another action) obtained an attachment against the property of the defendant, Clinton H. Smith, in an action, as recited in the attachment, to recover “ damages for injury to personal property of plaintiffs, in consequence of the negligence and fraud of defendant, in fraudulently procuring credit of plaintiffs for goods sold and delivered to defendant,” and on affidavit showing that the defendant is a natural person “ who…
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Louis Tim and others (and Thomas Boyd and others in another action) obtained an attachment against the property of the defendant, Clinton H. Smith, in an action, as recited in the attachment, to recover “ damages for injury to personal property of plaintiffs, in consequence of the negligence and fraud of defendant, in fraudulently procuring credit of plaintiffs for goods sold and delivered to defendant,” and on affidavit showing that the defendant is a natural person “ who has assigned, disposed of and secreted, and is about to assign, dispose of and secrete his property with intent to hinder…
1Opinion of the CourtDaly, C. J.
If the assignment was not duly acknowledged, and was consequently ineffectual under the statute as an assignment for the benefit of creditors (Cook v. Kelly, 14 Abb. Pr. 466; Laws of 1877, c. 466, p. 543), it does not follow from that circumstance that there was that fraudulent assignment or disposition of property that will authorize the issuing of an attachment. The instrument is, upon its face, a good and valid assignment, and no presumption of fraud would arise from the mere fact of a defect in the form of the certificate of the acknowledgment, which was evidently a clerical error on the…
2Cases cited3 opinions
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1879
- Ruppert v. . HaugNew York Court of Appeals · 1881
- Cook v. KellyNew York Court of Common Pleas · 1862
3Cited by1 opinion
- Kennedy v. WoodNew York Supreme Court · 1889