Throop Grain Cleaner Co. v. . Smith
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made the first Tuesday of January, 1886, which reversed a judgment in favor of defendant and granted a new trial. This action was' brought in aid of an attachment in pursuance of section 677 of the Code of Civil Procedure, to recover a demand alleged to be due the firm of Allis & Co. from defendant and to have been attached in an action by the plaintiff against said firm.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made the first Tuesday of January, 1886, which reversed a judgment in favor of defendant and granted a new trial. This action was' brought in aid of an attachment in pursuance of section 677 of the Code of Civil Procedure, to recover a demand alleged to be due the firm of Allis & Co. from defendant and to have been attached in an action by the plaintiff against said firm. The material facts are stated in the opinion. An account may be sold like a chattel. Any agreement which will pass the title to a…
1Opinion of the Court
Ruger, Ch. J.
Assuming that the proceedings by which the plaintiffs attempted to secure a hen by attachment upon the debt alleged to be due from the defendant to E. P. Allis & Co. were regular and valid, we are brought directly to the real question in the case, viz., whether, at the time of such levy the debt attempted to be levied upon, was then due to Allis & Co., or had been previously transferred by them to the Farrell Foundry and Machine Company.
Both Allis & Co. and the Farrell Company were nonresidents of this state, Allis & Co. residing at Milwaukee, in the state of Wisconsin, and the…
2Cases cited6 opinions
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
- Brill v. . TuttleNew York Court of Appeals · 1880
- Anthony v. . WoodNew York Court of Appeals · 1884
- Freund v. Importers & Traders' National BankNew York Court of Appeals · 1879
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3Cited by29 opinions
- Fourth Street Bank of Philadelphia v. YardleySupreme Court of the United States · 1897
- West Realty & Investment Co. v. HiteTexas Commission of Appeals · 1926
- Bank of British North America v. DelafieldNew York Court of Appeals · 1891
- First National Bank v. ClarkNew York Court of Appeals · 1892
- Wetherow v. LordAppellate Division of the Supreme Court of the State of New York · 1899
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