Montgomery v. Lee
New York Supreme Court
Appeal from a judgment in favor of the defendant entered upon the report of a referee. The plaintiff sued the defendant for the alleged conversion of three cows. The defendant answered, alleging that he took them by virtue of a chattel mortgage upon which the plaintiff was in default.
1Opinion of the CourtLandon, J.
The main question litigated upon the trial was whether the amount secured by the chattel mortgage held by the defendant upon the cows taken by him from the plaintiff had been paid, at the time defendant seized the cows. There were open mutual accounts between plaintiff and defendant which the referee was obliged to adjust. He did this by stating the aggregates of the items allowed each party, and from them be found the balance to be in the defendant’s favor.
These items are numerous; the referee was not requested to pass upon them separately, and with the single exception of the item of the…
2Cases cited2 opinions
- Charter v. StevensNew York Supreme Court · 1846
- West v. . CraryNew York Court of Appeals · 1872