Hall v. Samson
New York Supreme Court
This action was commenced December 25, 1858. The plaintiff claimed to recover the value of a piano, taken by the defendant as sheriff of the county of Cortland.
Read the full summary
This action was commenced December 25, 1858. The plaintiff claimed to recover the value of a piano, taken by the defendant as sheriff of the county of Cortland. The mortgage was given by Matthew E. Walpole to the plaintiff on the 8th of May, 1858, to secure the payment of the sum of $100, payable in one year from date, and containing the usual clause, that if the mortgagee should at any time deem himself insecure, he was authorized to enter and take session of said property, &c. The piano was taken by the sheriff—the defendant, by virtue of an attachment issued out of the supreme court by…
1Opinion of the Court
By the court, W. F. Allen, Justice.
By statute (2 R. S., 366, § 20), when goods or chattels shall be pledged for the payment of money or the performance of any contract or agreement, the right or interest in such goods of the person making such pledge, may be sold on execution against him, and the purchaser shall acquire all the right and interest of the defendant, and shall be entitled to the possession of such goods and chattels on complying with the terms and conditions of the pledge. The revisers, in their note to this section, say : “It seems to be conceded (5 J. R., 345 ; 4 Cow., 469)…
2Cases cited5 opinions
- Jackson ex rel. Stewart v. TownNew York Supreme Court · 1825
- Hurd v. WestNew York Supreme Court · 1827
- Marsh v. LawrenceNew York Supreme Court · 1825
- Rich v. MilkNew York Supreme Court · 1855
- Van Antwerp v. NewmanNew York Supreme Court · 1824
3Cited by7 opinions
- Tyler v. AmesNew York Supreme Court · 1872
- Sanger v. SlaydenCourt of Appeals of Texas · 1894
- Farrell v. HildrethNew York Supreme Court · 1862
- Glenny v. LacyCity of New York Municipal Court · 1888
- Doll v. NobleNew York Supreme Court · 1886
2 more not listed; retrieve them via the Exa API.