Nichols v. . McEwen
New York Court of Appeals
Appeal from the Supreme Court. Action for the wrongful detention of personal property. The defendant justified, as sheriff of Albany county, under a judgment and execution against one William A. Allen. On the trial, at the Albany circuit, before Mr. Justice Wright and a jury, the plaintiff made title to the goods in question under a general assignment, made to him by Allen, of all the property of the latter, in trust for the payment of his debts.
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Appeal from the Supreme Court. Action for the wrongful detention of personal property. The defendant justified, as sheriff of Albany county, under a judgment and execution against one William A. Allen. On the trial, at the Albany circuit, before Mr. Justice Wright and a jury, the plaintiff made title to the goods in question under a general assignment, made to him by Allen, of all the property of the latter, in trust for the payment of his debts. One of the trusts declared in the instrument was to convert the assigned property into cash by sale, and the collection of debts, “ and by and with…
1Opinion of the Court
The defendant, in the Supreme Court, contended, and the Supreme Court, sustaining his views of the law, decided, that the assignment in this case, made by Allen, the insolvent debtor, for the benefit of his creditors, was void, on the ground that it provided for the payment to the assignee of a "counsel fee" in addition to commissions. From that decision the assignee, who was the plaintiff below, appeals to this court.
In determining the true meaning of an instrument, the language of which is at all equivocal, it is often important to know, as it is always admissible to take into…
2Cited by19 opinions
- Mills v. . ParkhurstNew York Court of Appeals · 1891
- Tucker v. ParksSupreme Court of Colorado · 1883
- Townsend v. . StearnsNew York Court of Appeals · 1865
- Kyle v. HarveysWest Virginia Supreme Court · 1885
- Bank of Little Rock v. FrankSupreme Court of Arkansas · 1896
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