Jones v. O'Brien
The Superior Court of New York City
Appeal from judgment. The facts in the case appear in the opinion of the court. This action was brought to recover against the defend'ant for taking and converting a quantity of liquors on the 3d August, 1870, at 147 Duane Street, New York.
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Appeal from judgment. The facts in the case appear in the opinion of the court. This action was brought to recover against the defend'ant for taking and converting a quantity of liquors on the 3d August, 1870, at 147 Duane Street, New York. The defendant justified the taking under an execution issued upon a judgment of the Court of Common Pleas, in favor of Julia M. Foster, and others, against David M. Hollister, recovered February 28th, 1870. Upon the trial it appeared that Hollister had carried on the wine and liquor business at 147 Duane Street for a number of years. On the 22d of January,…
1Opinion of the Court
By the Court.—Van Vorst, J.
It is a fair inference from the facts in this case that Hollister executed the bill of sale of his merchandise to the plaintiff on the 22d day of January, 1870, to avoid its seizure for his debts, some of which were then in suit. Without doubt, even in his then circumstances, he was not prohibited from making a fair sale of his property for a good consideration to a tona fide purchaser.
The avails of such sale in his hands could be reached by his creditors.
*63But the fact that a vendor or assignor of property sold under such circumstances, remains on the premises in the…
2Cases cited1 opinion
- Osen v. ShermanWisconsin Supreme Court · 1871