Ackerman v. Cross
New York Supreme Court
APPEAL by the defendants from a judgment for the plaintiffs, entered on the report of a referee. The action was brought by the plaintiffs, Ackerman and Innes, as general assignees of Curry, McCandlish & Field, to recover for the conversion of nine cases of nutmegs, and sixty-one boxes and cases of tobacco.
Read the full summary
APPEAL by the defendants from a judgment for the plaintiffs, entered on the report of a referee. The action was brought by the plaintiffs, Ackerman and Innes, as general assignees of Curry, McCandlish & Field, to recover for the conversion of nine cases of nutmegs, and sixty-one boxes and cases of tobacco. The assignment under which the plaintiffs derive title, was made at Bellville, Canada West, on the 10th day of J une, 1861, where the assignors then resided, and had been doing business as merchants, under the firm name of Curry, McCandlish & Field. The property in question was shipped by…
1Opinion of the Court
By the Court, Bacon, J.
The facts in this case are mainly conceded, and admit of no complication, and being once ascertained, the principle of law applicable to them seems to me by no means difficult or recondite. The plaintiffs are the assignees of Curry, McCandlish & Field, a firm residing and doing business at Bellville, Canada West, on the 10th of June, 1861. The plaintiffs were residents of the same place, and the assignment, which was executed and delivered at Bellville, on the 10th of June, 1861, was a general one, for the benefit of creditors. The firm was insolvent, and it is conceded…
2Cases cited7 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Harrison v. SterrySupreme Court of the United States · 1809
- Holmes v. RemsenNew York Supreme Court · 1822
- Abraham v. PlestoroCourt for the Trial of Impeachments and Correction of Errors · 1829
- Tyler v. Strang & Tioga Rail RoadNew York Supreme Court · 1855
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Segnitz v. Garden City Banking & Trust Co.Wisconsin Supreme Court · 1900
- National Tradesmen's Bank v. WetmoreNew York Court of Appeals · 1891