Fullerton v. Viall

Decided June 15, 1858

New York Court of Appeals · decided 1858-06-15

This action was commenced in July, 1853, and was tried át the Saratoga circuit, June 7, 1854, before Justice Hand, with a jury. The complaint alleged that the plaintiffs were judgment creditors of James Viall and one S. A. House, partners in business, who failed and made a general assignment for the benefit of creditors, in September 1, 1851. That the judgments in question were recovered in 1852, and execution returned unsatisfied.

Good law ✅— No negative treatment on recordhow we know

Decided 1858-06-15

How this case has been cited

Cited by 8 later decisions — most recently October 1932

8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1The judgment of the supreme court was affirmed'by the court of appeals, June 19, 1858.

¶2The full case and points are in the State Library, vol. 73 case, No. 9.

¶3Note.—We received this case from General Bullard, plaintiffs’ attorney, for publication. It was written out by him, in full, including the head note, and it is on his responsibility alone, that we publish it. It is difficult for ns to understand how this important case should have been overlooked or unnoticed for so long a time, and especially why there was no written opinion given in it, by either the general term of the supieme court or the court of appeals. Bep.