Sheldon v. . Edwards
New York Court of Appeals
Action in the nature of an action on the case, to recover of the defendant the value of certain machinery, removed' by the defendant from premises in the town of Ephratah, in the county of Fulton, upon which the plaintiffs had a lien by way of mortgage. It was tried by a justice of the Supreme Court, without a jury, at the Fulton Circuit, in April, 1859. The plaintiffs recovered, and the judgment was affirmed at General Term, in the 4th district, Justice Bookes dissenting.
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Action in the nature of an action on the case, to recover of the defendant the value of certain machinery, removed' by the defendant from premises in the town of Ephratah, in the county of Fulton, upon which the plaintiffs had a lien by way of mortgage. It was tried by a justice of the Supreme Court, without a jury, at the Fulton Circuit, in April, 1859. The plaintiffs recovered, and the judgment was affirmed at General Term, in the 4th district, Justice Bookes dissenting. The facts of the case, as found by the justice who tried the cause, are substantially as follows: On the 2d of March,…
1Opinion of the CourtPeokham, J.
The first question arising here is, did title to the machinery mentioned in the chattel mortgage to Yan Curen, transferred by him to the defendant after the chattels had been attached to the freehold, pass to the defendant by such transfer? I think it did. This machinery was purchased for the mill, where it was attached and used. Just before it was affixed, Yan Curen, who then held the mortgage upon the premises to which it was affixed, took a personal mortgage upon it. This mortgage was taken in October, 1853. In October, 1854, he continued the mortgage in life by filing a statement of the…
2Cases cited9 opinions
- Ford v. . CobbNew York Court of Appeals · 1859
- Bush v. . LathropNew York Court of Appeals · 1860
- Millspaugh v. McBrideNew York Court of Chancery · 1839
- Sweet v. . TuttleNew York Court of Appeals · 1856
- Yates v. JoyceNew York Supreme Court · 1814
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3Cited by45 opinions
- Hooven, Owens & Rentschler, Co. v. John Featherstone's SonsCourt of Appeals for the Eighth Circuit · 1901
- Dunkum v. MacEck Building Corp.New York Court of Appeals · 1931
- Malloy v. TrombleyNew York Court of Appeals · 1980
- Speer v. Board of County Com'rsCourt of Appeals for the Eighth Circuit · 1898
- Schafer v. . ReillyNew York Court of Appeals · 1872
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