Thayer v. Willet
The Superior Court of New York City
Exception directed to be heard in the first instance at general term. This was an action for chattels. The property in question was merchandise taken from the plaintiff’s possession by the defendant, as sheriff, on the 26th day of June, 1857, by virtue of a warrant of attachment issued against one Mason A. Perkins, in a suit brought by Joseph Rosenthal and another, against Perkins, in the Supreme Court.
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Exception directed to be heard in the first instance at general term. This was an action for chattels. The property in question was merchandise taken from the plaintiff’s possession by the defendant, as sheriff, on the 26th day of June, 1857, by virtue of a warrant of attachment issued against one Mason A. Perkins, in a suit brought by Joseph Rosenthal and another, against Perkins, in the Supreme Court. The plaintiff claimed, title to the merchandise under a bill of sale from Perkins, made on the 12th of June, 1857. He proved that the consideration of the sale was an indebtedness of Perkins…
1Opinion of the Court
By the Court.*—Pierrepont, J.
The case presents the single question whether a sheriff, acting under a warrant of attachment regularly issued in an action pursuant to the provisions of the Code, and who has attached property in the possession of a vendee claiming title under a bill of sale from the debtor, can show in defence of a suit against him by such vendee to recover the property, that the alleged sale was fraudulent as against creditors.
By section 227 of the Code, an attachment may be issued—
First, Against a foreign corporation;
Second, Against a non-resident;
Third, Against an absconding…
2Cases cited2 opinions
- Van Kirk v. WildsNew York Supreme Court · 1851
- McKay v. HarrowerNew York Supreme Court · 1858
3Cited by4 opinions
- Rinchey v. . StrykerNew York Court of Appeals · 1863
- Rinchey v. StrykerNew York Court of Appeals · 1863
- Fallon v. McCunnThe Superior Court of New York City · 1860
- Lawrence v. Bank of the RepublicThe Superior Court of New York City · 1865