Nash v. Ely
New York Supreme Court
Error from the Otsego common pleas. Nash sued Ely in a justice’s court in irover, for taking and converting to his use, certain articles of personal property, which he had levied upon as a constable, by virtue of an attachment against the property of one Godfrey Grosvenor; which attachment was sued out by Jabez Chapman and Samuel H. Warner, on the 19th April, 1836, and the property levied upon on the same day.
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Error from the Otsego common pleas. Nash sued Ely in a justice’s court in irover, for taking and converting to his use, certain articles of personal property, which he had levied upon as a constable, by virtue of an attachment against the property of one Godfrey Grosvenor; which attachment was sued out by Jabez Chapman and Samuel H. Warner, on the 19th April, 1836, and the property levied upon on the same day. The property previous to and at the time of the levy was in the possession of one Stephen Meeks, was left in his possession by the constable, and subsequently taken away by the…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
As the property mortgaged was not left in the possession of the mortgagors, but remained with a third person to whom it had been previously delivered, until seized under the attachment, the case did not fall within the statute, 2 R. S. 136, § 5, and nothing short of actual fraud could invalidate it. Weeks in whose possession it was, claimed as purchaser from Grosvenor, and upon the proofs, he undoubtedly could have held it as respected him. Whether he could have done so, as respépted creditors, might be questionable. The property therefore was not only out of the…
2Cited by8 opinions
- First National Bank v. George R. Barse Live Stock Commission Co.Illinois Supreme Court · 1902
- Buhl Iron Works v. TeutonMichigan Supreme Court · 1888
- National Hudson River Bank v. ChaskinAppellate Division of the Supreme Court of the State of New York · 1898
- Goodwin v. KellyNew York Supreme Court · 1864
- Beskin v. FeigenspanAppellate Division of the Supreme Court of the State of New York · 1898
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