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Mitchell v. West

George Mitchell v. . Charles W. West

Mitchell v. West, 55 N.Y. 107 (1873)
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Court
New York Court of Appeals · State Highest Courts
Decided
November 25, 1873
Judges
RAPALLO, J.
Citations
55 N.Y. 1071873 N.Y. LEXIS 630

Opinion of the Court

The principal point urged on the part of the appellant is, that in addition to proof that the sale of the chattels was bona fide, and that there was no intent to defraud the creditors of the vendor, it was necessary to show some valid excuse or reason for leaving the property in his possession; or, stated in another form, that the absence of intent to defraud creditors cannot be established without showing a good reason for the want of change of possession. We regard this point as settled by the decision of the Court of Errors in Hanford v. Artcher ( 4 Hill, 271 ). There is no other point in the case which requires notice, and the judgment must therefore be affirmed, with costs.

All concur.

Judgment affirmed

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 10 cases

View all citing references →
1876–1877: 11878–1879: 11884–1885: 11886–1887: 11890–1891: 11896–1897: 21898–1899: 21900–1901: 118762026peak 1896 · 2

Relies on it most ⓘ

  1. Mahaney v. Walsh16 A.D. 601 (1897)
  2. Wallace v. Nodine10 N.Y.S. 919 (N.Y. Sup. Ct. 1890)
  3. Mahaney v. Walsh44 N.Y.S. 969 (1897)
  4. Sommers v. Cottentin26 A.D. 241 (1898)
  5. Castleman v. Mayer55 A.D. 515 (1900)
  6. Sommers v. Cottentin49 N.Y.S. 652 (1898)

Most recent

  1. Castleman v. Mayer55 A.D. 515 (1900)
  2. Sommers v. Cottentin26 A.D. 241 (1898)
  3. Sommers v. Cottentin49 N.Y.S. 652 (1898)
  4. Mahaney v. Walsh16 A.D. 601 (1897)
  5. Mahaney v. Walsh44 N.Y.S. 969 (1897)
  6. Wallace v. Nodine10 N.Y.S. 919 (N.Y. Sup. Ct. 1890)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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