Conderman v. Smith
New York Supreme Court
THIS action was commenced before a justice of the peace in the town of Fremont, in the county of Steuben. The action was- tried before the justice, who rendered judgment against the plaintiff, Conderman, of no cause of action, on the 26th day of February, 1861. The plaintiff complained against the defendant, Smith, for wrongfully taking a quantity of cheese, amounting to a thousand pounds, and claimed judgment for $80. The defendant denied each and every allegation in the…
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THIS action was commenced before a justice of the peace in the town of Fremont, in the county of Steuben. The action was- tried before the justice, who rendered judgment against the plaintiff, Conderman, of no cause of action, on the 26th day of February, 1861. The plaintiff complained against the defendant, Smith, for wrongfully taking a quantity of cheese, amounting to a thousand pounds, and claimed judgment for $80. The defendant denied each and every allegation in the complaint, and alleged that the cheese in question ’was sold on an execution issued by the clerk of Steuben county, by -W.…
1Opinion of the Court
By the Court, Johnson, J.
Upon the principle adopted in Van Hoozer v. Cory, (34 Barb. 10,) the title to the cheese in question vested in the plaintiff by virtue of the mortgage, and of the contract of the 16th of July, 1860. That contract was not an agreement to sell at a future day, but an absolute unconditional present sale, for a specified price, to he applied in payment of the accrued and accruing rent. It is impossible to distinguish this case in principle from that above cited. That case, like this, was an action by the lessor and purchaser, against a creditor of the lessee who had taken…
2Cases cited3 opinions
- Gardner v. . McEwenNew York Court of Appeals · 1859
- Otis v. SillNew York Supreme Court · 1849
- Milliman v. NeherNew York Supreme Court · 1855
3Cited by15 opinions
- Arques v. WassonCalifornia Supreme Court · 1877
- Funk v. PaulWisconsin Supreme Court · 1885
- Minnesota Linseed Oil Co. v. MaginnisSupreme Court of Minnesota · 1884
- Dickey v. WaldoMichigan Supreme Court · 1893
- Edmonston v. WilsonMissouri Court of Appeals · 1892
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