Becker v. . Koch
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, in favor of plaintiffs, entered upon an order made May 9, 1885, which, after reciting that a motion had been made for new trial, ordered to be heard at first instance at General Term, denied said motion, overruled the exceptions, and directed judgment on a verdict; also appeal from said order. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, in favor of plaintiffs, entered upon an order made May 9, 1885, which, after reciting that a motion had been made for new trial, ordered to be heard at first instance at General Term, denied said motion, overruled the exceptions, and directed judgment on a verdict; also appeal from said order. The nature of the action and the material facts are stated in the opinion. A debtor who makes a general assignment for the benefit of his creditors must devote all his property to the payment of his debts, and the…
1Opinion of the CourtPeckham, J.
This action was brought by the plaintiffs as assignees for the benefit of creditors of one Exstein, to recover from the defendant the possession of some personal property amounting in value to about $4,000, or in default thereof to recover such value.
The defendant justified the taking of the property by virtue of a writ of attachment issued to him as sheriff of Erie county, in an action in which Victor and others were plaintiffs and Exstein was defendant, and under which writ the sheriff had levied upon this property as belonging to the said Exstein. The assignment to plaintiffs was made on…
2Cases cited4 opinions
- Lawrence v. BarkerNew York Supreme Court · 1830
- Coulter v. . American Merchants' Un. Ex. Co.New York Court of Appeals · 1874
- Thompson v. . BlanchardNew York Court of Appeals · 1850
- People v. SaffordNew York Supreme Court · 1847
3Cited by123 opinions
- People v. SchwartzmanNew York Court of Appeals · 1969
- De Meli v. . De MeliNew York Court of Appeals · 1890
- People v. ReedNew York Court of Appeals · 1976
- People v. . SextonNew York Court of Appeals · 1907
- Title Guarantee Trust Co. v. . Pam.New York Court of Appeals · 1922
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