Juliand v. Rathbone
New York Supreme Court
THIS action was brought to recover the value of certain personal property alleged to have been wrongfully taken and converted by the defendants. The defendants justified the taking, as sheriff and deputy sheriff, under an execution issued upon a judgment in favor of James Freeland and others against Stoddard S. Nichols.
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THIS action was brought to recover the value of certain personal property alleged to have been wrongfully taken and converted by the defendants. The defendants justified the taking, as sheriff and deputy sheriff, under an execution issued upon a judgment in favor of James Freeland and others against Stoddard S. Nichols. Nichols was in possession of the goods, and the owner thereof, until the 21st day of May, 1860. He made an assignment of all his property, including the goods in dispute, bearing date that day, for the benefit of his creditors, to Lewis Juliand. The assignment was acknowledged…
1Opinion of the CourtBalcom, P. J.
The assignment by Nichols to Lewis Juliand was executed, acknowledged, delivered and recorded as required by chapter 348 of the laws of 1860. (Laws of 1860, p. 594.)
The defendants’ counsel insists that the assignment became inoperative and fraudulent as against the creditors of the assignor, because the assignor did not within twenty days *99after the date of the assignment, make and deliver to the county judge of Chenango county, in which county the assignor resided, an inventory or schedule, as required by section two of the act of 1860; and because the assignee did not within thirty days…
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- Anderson v. RobertsNew York Supreme Court · 1820
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3Cited by2 opinions
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