Peck v. Crouse
New York Supreme Court
ÁGTIOlSr to recover the value of goods taken and converted by the defendants. The plaintiffs claimed the goods by virtue of an assignment, dated the 14th day of June, 1861, made to them by Anson P. Campbell and Dayton Church, for the benefit of their creditors. Some creditors were preferred over others in the assignment.
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ÁGTIOlSr to recover the value of goods taken and converted by the defendants. The plaintiffs claimed the goods by virtue of an assignment, dated the 14th day of June, 1861, made to them by Anson P. Campbell and Dayton Church, for the benefit of their creditors. Some creditors were preferred over others in the assignment. The defendants were judgment creditors of Campbell & Church, and took and sold the goods, by the sheriff of Broome county, by virtue of an execution issued upon their judgment against Campbell & Church. The defendants were not preferred in the assignment. The action was tried…
1Opinion of the Court
By the Court, Balcom, J.
The points touóhing the validity of the assignment) made on the defendants’ motion, for a nonsuit, have not been argued, or even presented, on the appeal here, and they need not be. discussed. The case presents the question, whether declarations of the assignors of the goods, made subsequent to the assignment and after they had parted with the possession of the assigned property, Were competent evidence for the defendants, when sued by the assignees, for taking and selling the goods under and by virtue of a judgment and execution against the assignors.
It was held, in…
2Cases cited7 opinions
- Miller v. AdsitNew York Supreme Court · 1837
- Griffin v. . MarquardtNew York Court of Appeals · 1858
- Wilson v. ForsythNew York Supreme Court · 1857
- Foster v. . BealsNew York Court of Appeals · 1860
- Rathbun v. PlatnerNew York Supreme Court · 1854
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3Cited by7 opinions
- Lew Weinrich & Co. v. PorterSupreme Court of Missouri · 1871
- Hodnett's Adm'x v. Pace's Adm'rSupreme Court of Virginia · 1888
- Scofield v. SpauldingNew York Supreme Court · 1889
- Boyd v. JonesSupreme Court of Missouri · 1875
- Perea v. Colorado National BankNew Mexico Supreme Court · 1891
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