Dart v. Farmers' Bank
New York Supreme Court
THIS case involves the question of title to personal property: The action was brought against a judgment creditor of the vendors, by the executors of the vendee, to recover the value of property seized and sold under execution against the vendors. The vendors were indebted to the vendee in a large amount, for cash advanced. The property was transferred to the vendee, .partly for the debt and partly for a new consideration. The vendors were the sons of the vendee.
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THIS case involves the question of title to personal property: The action was brought against a judgment creditor of the vendors, by the executors of the vendee, to recover the value of property seized and sold under execution against the vendors. The vendors were indebted to the vendee in a large amount, for cash advanced. The property was transferred to the vendee, .partly for the debt and partly for a new consideration. The vendors were the sons of the vendee. He had started them in business in Jan. 1847, and had then given them several thousand dollars as a cash capital. He, subsequently…
1Opinion of the Court
By the Court, Ingraham, J.
1. The representative character in which the plaintiffs bring their action, and their right to bring this action in that capacity, is not disputed by the pleadings. The complaint avers that the plaintiffs are the executors of Peter H. Sehenck, deceased, and makes proferí of the letters testamentary. The answer in no way denies such ex-ecutorship, or such letters. Por the purposes of this action it must be taken as true that such letters testamentary were granted, and were sufficient. The averment is not that letters were issued in this state, and without some denial…
2Cases cited4 opinions
- Mowhawk Bank v. R. & P. AtwaterNew York Court of Chancery · 1830
- Miller v. AdsitNew York Supreme Court · 1837
- Rathbun v. PlatnerNew York Supreme Court · 1854
- Faulkner v. Delaware & Raritan Canal Co.Court for the Trial of Impeachments and Correction of Errors · 1845
3Cited by7 opinions
- McCormick v. . Pennsylvania Central R.R. Co.New York Court of Appeals · 1872
- McBride v. . the Farmers' BankNew York Court of Appeals · 1863
- Howell v. Chicago & North Western Railway Co.New York Supreme Court · 1868
- De Bemer v. DrewNew York Supreme Court · 1870
- Carpentier v. MinturnNew York Supreme Court · 1873
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