Becker v. . Torrance
New York Court of Appeals
This action was brought on an alleged parol promise made by the defendant to an under sheriff of Cattaraugus county for the benefit of the plaintiff. The plaintiff was a judgment creditor of Thomas J. Parker, a merchant of that county, who, on the 11th July, 1854, being insolvent, made an assignment to his brother, F. B. Parker, of all his personal property for the benefit of his creditors, with preferences.
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This action was brought on an alleged parol promise made by the defendant to an under sheriff of Cattaraugus county for the benefit of the plaintiff. The plaintiff was a judgment creditor of Thomas J. Parker, a merchant of that county, who, on the 11th July, 1854, being insolvent, made an assignment to his brother, F. B. Parker, of all his personal property for the benefit of his creditors, with preferences. The assignment was fraudulent and void on account of a provision permitting the assignee to sell the goods on credit, and because no possession under it was taken; but the assignee was…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] I am of the opinion that the plaintiff was entitled to recover, upon the proof before the referee, provided his title under the levy upon his execution was superior to that of the defendant as receiver in the actions of the other judgment creditors. The substance of the arrangement proved was, that if the deputy sheriff would not…
2Cases cited6 opinions
- Chautauque County Bank v. . RisleyNew York Court of Appeals · 1859
- Hadden v. SpaderCourt for the Trial of Impeachments and Correction of Errors · 1822
- Edmeston v. LydeNew York Court of Chancery · 1829
- Truly v. WanzerSupreme Court of the United States · 1847
- Weed v. PierceCourt Of Oyer And Terminer New York · 1827
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Stephens v. . Meriden Britannia Co.New York Court of Appeals · 1899
- McCorkle v. . HerrmanNew York Court of Appeals · 1889
- Mandeville v. . AveryNew York Court of Appeals · 1891
- Lopez v. . CampbellNew York Court of Appeals · 1900
- In re LesserDistrict Court, S.D. New York · 1900
23 more not listed; retrieve them via the Exa API.