Sheldon v. Dodge & McClure
New York Supreme Court
Error to the Onondaga common pleas. Dodge & McClure brought replevin in the court below against Sheldon for a quantity of merchandize. Plea, non cepit, with notice of special matter. The property in question formerly belonged to Charles E. Morris, then a merchant at Jordan, who, on the 19th day of March, 1842, executed a general assignment to the plaintiffs as trustees for his creditors.
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Error to the Onondaga common pleas. Dodge & McClure brought replevin in the court below against Sheldon for a quantity of merchandize. Plea, non cepit, with notice of special matter. The property in question formerly belonged to Charles E. Morris, then a merchant at Jordan, who, on the 19th day of March, 1842, executed a general assignment to the plaintiffs as trustees for his creditors. The defendant, as a deputy of the sheriff of Onondaga county, seized the goods on the 25th June, 1842, by virtue of a fi. fid. against Morris, issued upon a judgment recovered in this court, by Artcher &…
1Opinion of the Court
By the Court, Jewett, J.
The plaintiffs’ right to recover de pends on the validity of the assignment to them by C. E. Morris; for, unless that conveyance can be sustained, the defendant was justified in levying upon the property under the execution in his hands. It seems to me that it contains a provision which, upon settled principles, renders it fraudulent and void against all such creditors of Morris as have not assented to it. I take it to be well established, and the doctrine was not controverted on the argument, that a debtor cannot put his property beyond the reach of his creditors, by…
2Cases cited3 opinions
- Wakeman v. GroverNew York Court of Chancery · 1832
- Hyslop & Cambpell v. ClarkeNew York Supreme Court · 1817
- Barnum v. HempsteadNew York Court of Chancery · 1839
3Cited by15 opinions
- Brainerd v. . DunningNew York Court of Appeals · 1864
- Pierson v. ManningMichigan Supreme Court · 1852
- Soper v. FryMichigan Supreme Court · 1877
- Hine v. . BoweNew York Court of Appeals · 1889
- Maack v. MaackNew York Supreme Court · 1888
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