Muchmore v. Budd
Supreme Court of New Jersey
On error. This cause was tried at Essex Circuit before the court without a jury. The court found the following facts to have been proved: On February 27th, 1889, James S. Cunningham was the owner of the goods and chattels described in plaintiff’s declaration.
Read the full summary
On error. This cause was tried at Essex Circuit before the court without a jury. The court found the following facts to have been proved: On February 27th, 1889, James S. Cunningham was the owner of the goods and chattels described in plaintiff’s declaration. Previous to that day judgments had been entered against said Cunningham in favor of J. C. Smith and others, creditors, on which there was due $337.01. Executions had been issued upon these judgments, levies taken on the said goods and chattels, and the store in which they were was closed and in possession of the officers. On that day…
1Opinion of the Court
The opinion of the court was delivered by
Reed, J.
It appears from the facts found by the trial court, and already stated in full, that the contest was between,, as defendant-, a purchaser from one Somerville, and, as plaintiff, a purchaser at a sheriff’s sale of the same property under a levy made upon an execution against one Cunningham.
Somerville had taken a bill of sale from Cunningham previous to the levy under which the sale was made to the plaintiff. If that transfer was good in law, then the title *382which Somerville transferred to the defendant was superior to the title of the plaintiff.
Th…
2Cases cited15 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Beck v. BurdettNew York Court of Chancery · 1829
- Lukins v. AirdSupreme Court of the United States · 1867
- Leitch v. . HollisterNew York Court of Appeals · 1850
- Barney v. . GriffinNew York Court of Appeals · 1849
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Johnson v. LentiniNew Jersey Superior Court Appellate Division · 1961
- Hamilton v. IsaacsNebraska Supreme Court · 1892
- In re Ambrose Matthews & Co.District Court, D. New Jersey · 1916
- Bank of California v. Virtue & Scheck, Inc.California Court of Appeal · 1983
- Beall v. CowanCourt of Appeals for the Ninth Circuit · 1896
5 more not listed; retrieve them via the Exa API.