Booth v. . Bunce
New York Court of Appeals
Appeal from General Term of the Supreme Court, second district. The following is a statement of the facts: The plaintiff, Alfred Booth, is the creditor of the late firm, composed of William Montgomery and William Garrahrant, upon two promissory notes for $965.32 each, dated January 1st, .1855, made. to one Isaac Reeve, or order, and by him indorsed over to the plaintiff.
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Appeal from General Term of the Supreme Court, second district. The following is a statement of the facts: The plaintiff, Alfred Booth, is the creditor of the late firm, composed of William Montgomery and William Garrahrant, upon two promissory notes for $965.32 each, dated January 1st, .1855, made. to one Isaac Reeve, or order, and by him indorsed over to the plaintiff. Upon these notes he recovered a judgment against Montgomery & Garrahrant for $2,268.38, which was filed and docketed in Westchester county clerk’s office December 17th, 1859. Reeve, the payee in the note, had been copartner…
1Opinion of the CourtPotteb, J.
This case may be regarded as a contest between tona fide creditors to secure their respective claims, in part or in the whole, from certain personal property, to wit, a steam engine, and the question first to be determined is in whom was the title to the property at the time it was levied upon and taken by the defendants. It is conceded that the title to the engine in question, at the time of the plaintiff’s levy upon it by his execution, was either in Montgomery and Lund, then lately composing the firm of Montgomery & Co., or in the corporation called “The Mew York Steam Saw-mill and Machine…
2Cited by33 opinions
- Roberts v. W. H. Hughes Co.Supreme Court of Vermont · 1912
- In re BrausCourt of Appeals for the Second Circuit · 1917
- Milburn v. PhillipsIndiana Supreme Court · 1893
- Old Ben Coal Co. v. Universal Coal Co.Michigan Supreme Court · 1929
- Cook v. BallCourt of Appeals for the Seventh Circuit · 1944
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