Murray v. Binninger
New York Court of Appeals
Appeal from a judgment of the supreme court in the fifth district, aflirming a judgment in favor of the plaintiff, entered on the report of a referee. Action for taking and converting personal property.
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Appeal from a judgment of the supreme court in the fifth district, aflirming a judgment in favor of the plaintiff, entered on the report of a referee. Action for taking and converting personal property. The following facts were found by the referee: In the fall of 1857, Zachariah Smith carried on a hotel in the city of Oswego, in which was certain personal property, a part of which was incumbered by a mortgage executed by Smith to one Hart, and another part was mortgaged to the plaintiff. On the 21st of November, 1857, the defendants recovered a judgment against Smith for $570.41, and, in…
1Opinion of the CourtJames C. Smith, J.
The conclusion of the referee, that the defendants are Table for the acts of their agent, Compton, in directing the levy upon the property covered by the plaintiff’s mortgage, is warranted by the facts found by him, that the defendants were informed of the sale and purchase by Compton; they received the notes which he obtained therefor; and they were notified, after the sale and before this suit, that the property was not levied on until after the return day of their execution. Upon this state of facts they are clearly hable, on the ground of an adoption and ratification of the acts of their…
2Cited by3 opinions
- Burke v. HuffSupreme Court of Georgia · 1898
- Smith v. . BarnardNew York Court of Appeals · 1896
- Price v. KeyesNew York Supreme Court · 1874