Fay v. Grant
New York Supreme Court
Appeal from circuit court, Hew York county. Action by James H. Fay, as assignee of Marshall, Lefferts & Co., against Hugh J. Grant, sheriff of Hew York county, and Lazarus Lissberger, and Bernard Shultz. Plaintiff obtained judgment. Defendants appeal.
1Opinion of the CourtVan Brunt, P. J.
This action was brought by the plaintiff, as assignee of Marshall, Lefferts & Co., under a general assignment for the benefit of creditors, to recover possession of personal property taken by the sheriff on attachment in five suits against Lefferts & Co. by the defendants Lissberger and Shultz, upon an indemnity given by them to the sheriff. The defense was that the assignment was fraudulent. The charges of fraud were submitted to the jury, and no complaint is made as to the manner in which these questions were presented to the jury, and the only exceptions which raise the questions argued…
2Cited by5 opinions
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