Moir v. Brown
New York Supreme Court
The complaint in this cause alledged that the plaintiffs, in September, 1850, were copartners, and as such, owners of a quantity of merchandise specified, of the value of $3000, which the defendant, being sheriff of Warren county, wrongfully seized and carried away out of their possession, and they prayed a return and damages.
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The complaint in this cause alledged that the plaintiffs, in September, 1850, were copartners, and as such, owners of a quantity of merchandise specified, of the value of $3000, which the defendant, being sheriff of Warren county, wrongfully seized and carried away out of their possession, and they prayed a return and damages. The answer denied the copartnership and the ownership and possession of the plaintiffs; admitted the defendant was sheriff, but denied that he took the property without authority, &c.; but set up a judgment in favor of one Lathrop and another, against Shattuck & Foster,…
1Opinion of the Court
By the Court, Hand, J.
It does not appear that one of the subscribing witnesses saw the assignment executed at all: and the other only wrote the initials of his name, on the 16th or 19th of July. But it is sufficient that Shattuck & Foster both acknowledged the assignment before a proper officer.
It is pretty clear from the testimony, that 'the assignment was not delivered to Amasa Shattuck, nor did he accept the trust, or act under it, until after the levy. B. Ball testified, that he acted under an authority from Shattuck, in writing; but, though called for on the trial, no writing was…
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