Mittnacht v. Kelly
New York Court of Appeals
Appeal from a judgment. This action was "brought "by Georgs M. Mittnacht against John Kelly, sheriff of the city and county of New York. The facts are stated sufficiently in the opinion of the court.
1Opinion of the CourtParker, J.
—The defendant was sued in. the court of of common pleas of the city of New York, for levying upon a horse, wagon, and harness which the plaintiff claimed under a chattel mortgage, which had been executed to him by the execution debtor. The mortgage was given August 12, 1859, and the execution- was issued September 27, 1859. Joseph Zorn, the mortgagor, carried on a family grocery store in Third-street, in the city of New York. By the terms of the mortgage schedule, he mortgaged, in addition to the property in controversy, “the whole stock of trade in goods, wares, and merchandise, the whole…
2Cases cited1 opinion
- Mackie v. CairnsCourt for the Trial of Impeachments and Correction of Errors · 1825
3Cited by3 opinions
- Robinson v. ElliottSupreme Court of the United States · 1875
- Yates & Dissel v. OlmstedNew York Supreme Court · 1873
- Frankhouser v. EllettSupreme Court of Kansas · 1879