Bowdish v. . Page
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the fifth judicial department, entered November 5, 1894, which modified, and, as modified, affirmed, a judgment in favor of plaintiff entered upon the report of a referee. This action was brought by the plaintiff as assignee for the benefit of creditors of Mortemore and Lawrence Allison, doing business in Canisteo, Steuben county, to recover for the conversion of a quantity of boots and shoes.
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Appeal from a judgment of the General Term of the Supreme Court in the fifth judicial department, entered November 5, 1894, which modified, and, as modified, affirmed, a judgment in favor of plaintiff entered upon the report of a referee. This action was brought by the plaintiff as assignee for the benefit of creditors of Mortemore and Lawrence Allison, doing business in Canisteo, Steuben county, to recover for the conversion of a quantity of boots and shoes. The defendants are the Citizens’ Bank of Hornellsville and the sheriff and deputy sheriff of Steuben county, and they justified the…
1Opinion of the CourtGray, J.
There is but one important question of law upon this appeal, which we need briefly consider, and that relates to the right of the plaintiff to maintain this action. When he became the general assignee of M. and L. Allison for the benefit of their creditors, on July 21st, 1884, he found an existing indebtedness to his assignors from Isaac Allison. Isaac had executed an instrument in the nature of a chattel mortgage to secure his indebtedness ; which, the referee found, though made in good faith, had become void through the conduct of the parties with respect to the property so mortgaged. A few…
2Cases cited4 opinions
- Karst v. . GaneNew York Court of Appeals · 1893
- Mandeville v. . AveryNew York Court of Appeals · 1891
- Tremaine v. . MortimerNew York Court of Appeals · 1891
- New York, New Haven & Hartford Railroad v. WelshNew York Court of Appeals · 1894
3Cited by18 opinions
- Metropolitan Life Ins. Co. v. . Childs Co.New York Court of Appeals · 1921
- In re New York Economical Printing Co.Court of Appeals for the Second Circuit · 1901
- In re CaplanCourt of Appeals for the Second Circuit · 1945
- In re PolanskyDistrict Court, S.D. New York · 1930
- In re BeedeDistrict Court, N.D. New York · 1905
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