Langdon v. Buel
New York Supreme Court
This was an action of trespass de bonis asportatis, tried at the Ontario circuit in September, 1829, before the Hon. Daniel Moseley, one of the circuit judges. The action was brought to recover damages for the selling of a steam engine by the defendant as sheriff of Ontario, under an execution against one Chester Francis.
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This was an action of trespass de bonis asportatis, tried at the Ontario circuit in September, 1829, before the Hon. Daniel Moseley, one of the circuit judges. The action was brought to recover damages for the selling of a steam engine by the defendant as sheriff of Ontario, under an execution against one Chester Francis. On the 25th July, 1828, the plaintiff having sold to Francis a steam engine, and Francis having failed to give good endorsed notes for the balance remaining due to the plaintiff, as he had agreed to do, the plaintiff took Francis’ own notes, one for $257,02, payable in six…
1Opinion of the Court
By the Court,
Sutherland, J.
The instrument executed by Chester Francis to the plaintiff on the 25th of July, 1828, was clearly designed by the parties to be a mortgage upon the steam engine, which Langdon had previously sold him, and was intended to secure the balance of the consideration money remaining unpaid for it. It has all the essential atttributes of a mortgage of personal property i it recites the original purchase of the steam engine from the plaintiff, the payment of part of the consideration money, the giving of two notes for the balance, and then states that for securing the…
2Cited by71 opinions
- Allen v. . BrownNew York Court of Appeals · 1870
- Merritt v. . BartholickNew York Court of Appeals · 1867
- Parshall v. . EggertNew York Court of Appeals · 1873
- Munoz v. . WilsonNew York Court of Appeals · 1888
- Charter v. StevensNew York Supreme Court · 1846
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