Westinghouse Electric & Manufacturing Co. v. New Paltz & Poughkeepsie Traction Co.
New York Supreme Court
Action for damages for conversion of chattels. The New Paltz & Walkill Valley Railway Co. obtained the said chattels from the plaintiff under a written contract of conditional sale, i. e., that the title thereto should not pass from seller to buyer until the purchase price had been paid in full in specified installments. Upon delivery of the said chattels the said railway company paid the plaintiff one third of the purchase price, but never paid any of the balance.
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Action for damages for conversion of chattels. The New Paltz & Walkill Valley Railway Co. obtained the said chattels from the plaintiff under a written contract of conditional sale, i. e., that the title thereto should not pass from seller to buyer until the purchase price had been paid in full in specified installments. Upon delivery of the said chattels the said railway company paid the plaintiff one third of the purchase price, but never paid any of the balance. Prior to such conditional purchase the said railway company had given a mortgage covering all of its property in the usual terms…
1Opinion of the Court
Gaynor, J.:
The lien of the railroad company mortgage attached to these after-acquired chattels (Platt v. N. Y. & S. B. R. Co., 11 Misc. Rep. 22; 9 App. Div. 87), but of course only to the extent of the rights the mortgagor acquired therein (United States v. New Orleans, 12 Wall. 362; Fosdick v. Schall, 99 U. S. 235; Meyer v. Car Co., 102 U. S. 1). The only right of the said mortgagor in the said chattels was to complete the conditional purchase it had made of them by paying for them in the installments agreed upon, and to have possession of them meanwhile. Until then this plaintiff, the…
2Cases cited7 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- United States v. New Orleans RailroadSupreme Court of the United States · 1871
- Ballard v. . BurgettNew York Court of Appeals · 1869
- Myer v. Car Co.Supreme Court of the United States · 1880
- Rector of Christ Protestant Episcopal Church v. MacKNew York Court of Appeals · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Harris v. GunnAppellate Terms of the Supreme Court of New York · 1902