Dickinson v. Oliver
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Barney Dickinson, as sheriff of the county of Delaware, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Delaware on the 21th day of February, 1903, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 30th day of November, 1903, denying the plaintiff’s motion for a new trial made upon a case containing exceptions.
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Appeal by the plaintiff, Barney Dickinson, as sheriff of the county of Delaware, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Delaware on the 21th day of February, 1903, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 30th day of November, 1903, denying the plaintiff’s motion for a new trial made upon a case containing exceptions. This action is brought in' conversion by the sheriff of Delaware county to recover from the defendant the. value of certain property which was levied…
1Opinion of the Court
Smith, J. :
The inference is to my mind irresistible that these papers were executed simply to give security to Oliver for the moneys owing. That in legal effect constituted a chattel mortgage which was void as against the plaintiff because not filed. Although the bill of sale was signed and delivered upon November ninth the mortgage and note, which were to be replaced thereby, were not surrendered until-the twelfth, at which time the defendant assumed to take possession of the property and upon which date this lease was executed. The bill of sale, therefore, and the lease must be construed…
2Cases cited2 opinions
- McGrath v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
- Susman v. . WhyardNew York Court of Appeals · 1896
3Cited by3 opinions
- Dickinson v. . OliverNew York Court of Appeals · 1909
- Sheldon v. . McFeeNew York Court of Appeals · 1916
- Sheldon v. McFeeAppellate Division of the Supreme Court of the State of New York · 1914