Ditmars v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George F. Ditmars, as receiver of the property of Arthur E. Smith, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Ontario on the 23d day of September, 1895, upon the report of a referee.
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Appeal by the plaintiff, George F. Ditmars, as receiver of the property of Arthur E. Smith, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Ontario on the 23d day of September, 1895, upon the report of a referee. This action was brought to set aside an assignment made by defendant Smith to defendant Peel, a ■ deputy sheriff, of certain book accounts to apply on an execution against Smith in the hands of Reel, as deputy sheriff, for collection. January 16, 1895, James B. Ford recovered a judgment in the Supreme Court against…
1Opinion of the Court
Green, J.:
The main contention of the appellant’s counsel is that this assignment is void 'upon its face as it purports to be given to Peel, “ deputy sheriff,” and for the further reason that there is no beneficiary named in the assignment, and that, therefore, the instrument cannot be held to be an assignment in trust.
This is the fundamental question to.be decided, upon this review, and upon its decision rests the disposition of this case. There are *59other exceptions raised, but, upon examination, I am satisfied that they were properly disposed oí by the referee.
I am of the opinion that the…
2Cases cited6 opinions
- Day v. . RothNew York Court of Appeals · 1858
- Chace v. ChapinMassachusetts Supreme Judicial Court · 1881
- Wetmore v. . HegemanNew York Court of Appeals · 1882
- Dunham Dimon v. . WhiteheadNew York Court of Appeals · 1860
- Kramer v. McCaugheyMissouri Court of Appeals · 1882
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