McConnell v. . Sherwood
New York Court of Appeals
• Appeal from order of the General Term of the Supreme Court, in the fourth' judicial department, made January 6, 1880, which reversed a judgment in favor of plaintiff, entered upon a verdict, (Reported below, 19 Hun, 519.) This action was brought by plaintiff as assignee of one Ward H. Van Housen, for the alleged taking and conversion of a stock of goods which had been levied upon by defendant as sheriff of Steuben county, under and by virtue of executions against said Van…
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• Appeal from order of the General Term of the Supreme Court, in the fourth' judicial department, made January 6, 1880, which reversed a judgment in favor of plaintiff, entered upon a verdict, (Reported below, 19 Hun, 519.) This action was brought by plaintiff as assignee of one Ward H. Van Housen, for the alleged taking and conversion of a stock of goods which had been levied upon by defendant as sheriff of Steuben county, under and by virtue of executions against said Van Housen. The assignment executed by Van Housen as party of the first part assigned to plaintiff as party of the second…
1Opinion of the CourtDanforth, J.
Where, upon the face of an asssignment or by proof aliunde, it appears to have been made with intent to hinder or delay creditors, it affords no protection to the assignee against a sheriff who seeks to enforce by execution a judgment against the debtor. This rule was applied at the Circuit and the General Term, but with different result. The trial judge held the instrument valid upon its face, and the jury found that it was made in good faith and without intention to hinder or defraud the creditors of the assignor. The General Term so construed its provisions as to imply an illegal purpose,…
2Cases cited4 opinions
- Wakeman v. GroverNew York Court of Chancery · 1832
- Nicholson v. . LeavittNew York Court of Appeals · 1852
- Hone v. HenriquezCourt for the Trial of Impeachments and Correction of Errors · 1834
- Jewett v. WoodwardNew York Court of Chancery · 1831
3Cited by13 opinions
- In re CondonDistrict Court, S.D. New York · 1912
- Boyum v. JordanSupreme Court of Minnesota · 1920
- Maack v. MaackNew York Supreme Court · 1888
- Buell v. RopeAppellate Division of the Supreme Court of the State of New York · 1896
- Warner v. LakeNew York Supreme Court · 1891
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