Warner v. . Warren
New York Court of Appeals
Appeal from judgment of the late General Term of the seventh judicial district, affirming judgment entered in Monroe county upon report of a referee in favor of plaintiff. This is an action of replevin, brought by plaintiff as assignee of Mary A. Gilman against the sheriff of Monroe county, who had taken the assigned property upon an attachment found against the assignor.
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Appeal from judgment of the late General Term of the seventh judicial district, affirming judgment entered in Monroe county upon report of a referee in favor of plaintiff. This is an action of replevin, brought by plaintiff as assignee of Mary A. Gilman against the sheriff of Monroe county, who had taken the assigned property upon an attachment found against the assignor. In 1860, Thomas 0. Gilman, residing in Rochester, having been then recently discharged from his debts under the insolvent laws of this State, formed a plan to engage in the business of a boot and shoe dealer in said city in…
1Opinion of the CourtGrover, J.
The difference between the counsel, as to the validity of the assignment of Mrs. Gilman to the plaintiff, under which he claims title to the property in controversy, arises principally upon the different construction put upon the report of the learned referee. The counsel for the appellant construes it as finding, that the assignment was executed by Mrs. Gilman in good faith, without any intent to hinder, delay and defraud her creditors, with a further finding that her husband and agent, Thomas O. Gilman, had a fraudulent design to defraud her creditors, and that prompted by such a motive, he…
2Cited by11 opinions
- Allen v. GarrisonTexas Supreme Court · 1899
- Trumbull v. HewittSupreme Court of Connecticut · 1894
- Patterson v. PowellAppellate Terms of the Supreme Court of New York · 1900
- United States v. HillDistrict Court, D. Colorado · 1914
- Noyes v. TootleCourt Of Appeals Of Indian Territory · 1899
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