The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-01-17
Circuit Court.

JAW lo-RieAsrd WaIsA ss. JsrsmisA L. Tsyler..Tbi:
action Of rsplevin to recover htytwo casks Of
lead Some time in lsaa the plaintiff received con-
sgnmsnt Of i2a casks Of baryte: and sent than i1r
walsh sold out gradually until only 50 casks remained
in the store Ripley and Cuvert shortly after dissolved
made to William H. cnlvsrt the remaining partner.
Subsequently, an assignment was made by Wm n Cui-
to Fisher 0r me u ss ts' Fass How.
sold out defendant at all events Let him into pos
session but from The you'd ;S npRssf e tina.
piled District Court for the benefit Of bankrupt
law and declared bankrups and the u D. District
clarsd assignment to Howe void and that the whole
signee. The plaintiff in the December following the
possession of defendant, rendered him $3.50 for the
ing the defendant could not claim under the assign
mont from Howe the Same being declared void by the
tender contending that all under the assignment
valid to the time Of pronouncing the decree in
bankruptcy and therefore entitled the whole Of
plaintiff then issued his writ Of repevin had the goods
Of H..
the assignment was void under the District Judges de-
and left il to ns% to anaSr SS S.s
the defendant entitled The jury retired and short
y after returned with verdict for the plaintiff, valu'ng
the casks at $3.50. For plaintiff Measrs Crest and
c. Smith for defendant Messrs. Waller and Van Vran-
ken.
Jssse DeHSoses W. So.s S".P".ep.- ws.
an action OF replevin, brought to test the rights Of
ants under execution Sias c. Smith bad long been
large dc sler in wooden ware brooms, &c, at l9 Fulton
street On about January, l6a3 he sold ont about
$1,000 Of his stock to his clerk John Grey for $1,000 In
cash. and took Grays notes, running from one month TO
eighteen months, to the balance Gray wishing
the customers and the business which Smith
had carried his reputation wooden ware dealer
having been favorably known, took into partnership
with him sister Of the said Smith, merely for the pur
pose CT her name The business then proceeded at the
old stand under the firm Of Smith Gray. Smith, about
the 9th OF February 1884, and about six weeks after the
sale Gray being insovent made assignment Of all
his property including Grays notes to John Brown
ing and then Sas G. Smith was employed az clerk BY
Smith Gray Shortly after, Of the creditors Of 81
las c. Smith, and amongst them the defendant having Oh
tanned judgments sganshim the defendant. issued his
execution and levied upon the property IN question, IN
a. the property of 6las c. Smith, and Smith Gray were
informed that thsre other executions coming upon
them Smith Gray not being willing feeling able
to contend with all Of said credtors executed assign
of all their property to the painta in trust to pay
the creditors Of Smith Gray, including the said notes
The plaintiff upon receiving the assignment immediate
y brought this action Of repevn against the defendant
For the defence, it was commended that the sale by b.
las C. Smith to John Gray, was void
lst Because the sale credit, and hndered and
delayed the creditors of Smith I'd Because Smith
employed a. the clerk Of Smith Gray Sd Because the
name Of Smith continued to be used the sign over
the door,
For plf Messrs OConnor and Boardman Nor defts, Mr.
DeForest. se@ -NgtNU am sFte