Whittlesey v. Becker & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the deféndant, Philip Becker & Co., from a judgment of the Supreme Court in favor of the plaintiff against said defendant, entered in the office of the clerk of the county of Niagara on the 4th day of April, 1910, upon the.decision of the court, rendered, after a trial at the Niagara Trial Term, both parties having moved for the direction of" a verdict after a trial at the Niagara Trial Term, the complaint having been dismissed as to the defendant Thomas…
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Appeal by the deféndant, Philip Becker & Co., from a judgment of the Supreme Court in favor of the plaintiff against said defendant, entered in the office of the clerk of the county of Niagara on the 4th day of April, 1910, upon the.decision of the court, rendered, after a trial at the Niagara Trial Term, both parties having moved for the direction of" a verdict after a trial at the Niagara Trial Term, the complaint having been dismissed as to the defendant Thomas Eckensperger by consent in open court. The bankrupts, Ralph S. Bevins, George W. Smith and Mary A. Smith, made up the membership…
1Opinion of the Court
Robson, J.:
Appellant seems to concede that Chamberlain, as assignee, had a cause of action against it for the conversion of the property assigned *316to him by Bevins & Co., which accrued when the property was taken by the sheriff under the invalid warrant of attachment; but ' insists that the damages which plaintiff,' as assignee of Chamber- ■ Iain’s cause of action, can recover in this action should be mitigated to the extent of the amount realized by the receiver in the bankruptcy proceeding on.sale of assets of the bankrupt taken by him from defendants pursuant to the order of the Bankruptcy…
2Cases cited5 opinions
- Bryan v. BernheimerSupreme Court of the United States · 1901
- Wehle v. . ButlerNew York Court of Appeals · 1874
- In re Oakland Lumber Co.Court of Appeals for the Second Circuit · 1909
- In re the Assignment of GrayAppellate Division of the Supreme Court of the State of New York · 1900
- Cohen v. American Surety Co. of New YorkNew York Court of Appeals · 1908
3Cited by3 opinions
- Gerber Co., Inc. v. First National BankSupreme Court of Connecticut · 1930
- Gilbert v. Mechanics & Metals National BankNew York Supreme Court · 1916
- Whittlesey v. Philip Becker & Co.Appellate Division of the Supreme Court of the State of New York · 1911