From Casetext: Smarter Legal Research

Truax v. Slater

Court of Appeals of the State of New York
Oct 25, 1881
86 N.Y. 630 (N.Y. 1881)

Summary

In Truax v. Slater, EARL, J., held that "the mere declarations of an assignor of a chose in action, forming no part of any res gestæ, are not competent to prejudice the title of his assignee, whether the assignee be one for value, or merely a trustee for creditors and whether such declarations be antecedent or subsequent to the assignment."

Summary of this case from Bush et al. v. Roberts

Opinion

Argued October 12, 1881

Decided October 25, 1881

Blumenstiel Hirsch for appellants.

Chauncey S. Truax for respondent.



EARL, J., reads for affirmance.

All concur, except MILLER, J., not voting.

Judgment affirmed.


Summaries of

Truax v. Slater

Court of Appeals of the State of New York
Oct 25, 1881
86 N.Y. 630 (N.Y. 1881)

In Truax v. Slater, EARL, J., held that "the mere declarations of an assignor of a chose in action, forming no part of any res gestæ, are not competent to prejudice the title of his assignee, whether the assignee be one for value, or merely a trustee for creditors and whether such declarations be antecedent or subsequent to the assignment."

Summary of this case from Bush et al. v. Roberts

In Truax v. Slater (86 N.Y. 630) it is said: "The conversation inquired about does not appear to have been a part of any res gestæ, and was clearly incompetent to bind or affect the plaintiff.

Summary of this case from Sommer v. Adler

In Truax v. Slater (86 N.Y. 632) it was held that the mere declarations of the assignor of a chose in action, forming no part of the res gestæ, are not competent to prejudice the title of the assignee, whether the assignee be one for value, or merely a trustee for creditors, whether such declarations be antecedent or subsequent to the assignment.

Summary of this case from Merkle v. Beidleman
Case details for

Truax v. Slater

Case Details

Full title:CHARLES H. TRUAX, as Assignee, etc., Respondent, v . JAMES SLATER…

Court:Court of Appeals of the State of New York

Date published: Oct 25, 1881

Citations

86 N.Y. 630 (N.Y. 1881)

Citing Cases

Tittle v. Van Valkenburg

Upon the other hand, we think that not only principle but a clear weight of authority is against its…

The Barnstable

In addition to this, however, the testimony was quite inadmissible as against the Turret Steamshipping…