A Selection of Cases on the Law of Partnership; With Notes and Citations

A Selection of Cases on the Law of Partnership; With Notes and Citations

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 edition. Excerpt: ... action. The property for which the action was brought had been taken possession of by the defendant, and was in his possession at the time of the commencement of the action, and was taken from his possession by the owners in September, 1859. /The sheriff claimed to hold such property by virtue of three attachments duly issued and signed by a justice of the Supreme Court, and delivered to him. One delivered August 1, 1855, in favor of one Buckingham against Smith, Seckle, Hartman, and Hynernan; and two others in favor of Hartman against Smith, Seckle, and Hyneman, delivered August 4, 1855, and September 3, 1855, respectively. Smith and Hyneman were non-residents; Altemus was, or claimed to be, a resident of this State. The action was tried at the circuit in New York, and a verdict found for the plaintiff. The circuit judge held and instructed the jury tl_nzt, _i_f_.'ltel1swz1si:1__k'__@?t'(_)i'lt/l1is, Statg, Me:1ll_y;_()lvH1 the interest of Seckle in said proper y, t e sheriff had no right by virtue of his levy under the warrant of attachment to take or hold possession of the property. This ruling was duly excepted to, and the General Term of the first district holding it erroneous, ordered a new trial, from which order the plaintiff appealed to this court. (The case below is reported 43 Barb. 187.) W. W. llcFarland, for the appellants. A. J. Vanderpoel, for the respondent.1 1 The lists of authorities cited by the counsel are omitted, as well as the concurring opinion of Lott, J.---En. E. Daawnr Snrrrn, J. It can scarcely be doubted, I think, that the ruling of the judge at the circuit, that the sheriff, under attachments against two members of a partnership, consisting of three members, had no right to take and hold possession of the...
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Product details

  • Paperback | 276 pages
  • 189 x 246 x 15mm | 499g
  • United States
  • English
  • black & white illustrations
  • 1236956869
  • 9781236956866