Ditmars v. Smith
Appellate Division of the Supreme Court of the State of New York
/Appeal from a judgment in favor of defendants. Action to set aside an assignment made by defendant Smith to defendant Peel, a deputy sheriff, of certain book accounts to apply on execution against Smith in the hands of Peel, as deputy sheriff, for collection.
Read the full summary
/Appeal from a judgment in favor of defendants. Action to set aside an assignment made by defendant Smith to defendant Peel, a deputy sheriff, of certain book accounts to apply on execution against Smith in the hands of Peel, as deputy sheriff, for collection. January 16, 1895, James B. Ford re-, covered a judgment in the supreme court against Arthur E. Smith, the defendant in this action, for $3,634.80; and on the same day, and in the same court, John A. Parlett recovered a judgment against said Smith for $2,054.75. On the same day executions were issued thereon, and delivered to the…
1Opinion of the CourtGreen, J.
The main contention of the appellant’s counsel is that this assignment is void upon its face, as it purports to be given to Peel, “deputy sheriff,” and for the further reason that there is no beneficiary named in the assignment, and that, therefore, the instrument cannot be held to be an assignment in trust. This is the fundamental question to be decided upon this review, and upon its decision rests the disposition of this ease. There are other exceptions raised, but, upon examination, I am satisfied that they were properly disposed of by the referee. Iam of the opinion that the finding of…
2Cases cited7 opinions
- Day v. . RothNew York Court of Appeals · 1858
- Gilman v. . McArdleNew York Court of Appeals · 1885
- Chace v. ChapinMassachusetts Supreme Judicial Court · 1881
- Cumming v. . BrownNew York Court of Appeals · 1871
- Wetmore v. . HegemanNew York Court of Appeals · 1882
2 more not listed; retrieve them via the Exa API.