Herschfeld v. Dexel & Co.
Supreme Court of Georgia
Claim, in Muscogee Superior Court. Tried before Judge Iverson. November Term, 1852. This was a claim case in Muscogee Superior Court. Dexel & Co., creditors of E. & B. Mendhime, sued out an attachment and had it levied upon certain goods in the possession of the said E. & B. Mendhime, which goods were claimed by one Morrely Herschfeld, under and by virtue of the following instrument, the construction of which was brought up for the consideration of this Court.
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Claim, in Muscogee Superior Court. Tried before Judge Iverson. November Term, 1852. This was a claim case in Muscogee Superior Court. Dexel & Co., creditors of E. & B. Mendhime, sued out an attachment and had it levied upon certain goods in the possession of the said E. & B. Mendhime, which goods were claimed by one Morrely Herschfeld, under and by virtue of the following instrument, the construction of which was brought up for the consideration of this Court. This indenture, made at the City of New York, this 13th day of March, 1852, between Ernil Mendhime, of the first part, and Morely…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
That this assignment is contrary to the Act of 1818, and consequently illegal and void, we entertain no doubt. Indeed, that point is conceded. And it is really the only question made and determined in the Court below.
[1.] But it is argued that this assignment, giving a preference to a portion of the creditors over the rest, is good in the State of New York, where it was made. It did not appear to the Court below, nor has it been made to appear with sufficient distinctness to this Court, that the law of New York was different from ours, on the…
2Cases cited5 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Ingraham v. GeyerMassachusetts Supreme Judicial Court · 1816
- Holmes v. RemsenNew York Supreme Court · 1822
- Smith, Administrator v. the Union Bank of GeorgetownSupreme Court of the United States · 1831
- Holmes v. RemsenNew York Court of Chancery · 1820
3Cited by9 opinions
- Missouri State Life Insurance v. LovelaceCourt of Appeals of Georgia · 1907
- Hayes v. IrwinDistrict Court, N.D. Georgia · 1982
- Barranger v. BaumSupreme Court of Georgia · 1898
- Dunn v. WelshSupreme Court of Georgia · 1879
- Southern Railway Co. v. DisekerCourt of Appeals of Georgia · 1913
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