Legal Opinion

Hull v. . Carnley

New York Court of Appeals

Decided December 5, 1854PublishedCited by 16 opinions

Action commenced in the superior court of the city of Hew-York, in May, 1851, to recover damages alleged to have been Sustained by the plaintiff, by the seizure and sale by Carnley, as sheriff, on an execution in favor of Colton against one Michelin, of certain personal property mortgaged by the latter to the plaintiff; On the trial, before the Hon. Thos.

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Action commenced in the superior court of the city of Hew-York, in May, 1851, to recover damages alleged to have been Sustained by the plaintiff, by the seizure and sale by Carnley, as sheriff, on an execution in favor of Colton against one Michelin, of certain personal property mortgaged by the latter to the plaintiff; On the trial, before the Hon. Thos. J; Oakley, the following facts appeared: That on the 14th of August, 1850, Michelin, executed to the plaintiff a mortgage, dated that day, upon certain lithographic presses and stones, of the value of §1125, to secure the payment of two…

1Opinion of the CourtDenio, J.

I consider it well settled that chattels which have been mortgaged may, notwithstanding, be seized upon execution against the mortgagor, where he is in possession, and at the time of the seizure is entitled to the possession for a definite period against the mortgagee. This was assumed to be the law, in Mattison v. Baucus, in this court; (1 Comst. 295;) and the principle has been repeatedly recognized by the former and the present supreme court and the late court for the correction of errors, and has never, so far as I know, been denied by any court in this state. (Otis v. Wood, 3 Wend. 498,…

2Cases cited4 opinions

  1. McFarland v. WheelerNew York Supreme Court · 1841
  2. Walsh v. AdamsNew York Supreme Court · 1846
  3. Wheeler v. M'FarlandNew York Supreme Court · 1833
  4. Otis v. WoodNew York Supreme Court · 1830

3Cited by16 opinions

  1. Marsh v. WadeWashington Supreme Court · 1889
  2. Black v. Minneapolis & Northern Elevator Co.North Dakota Supreme Court · 1897
  3. Byrd v. Forbes, Washington Territory1887
  4. Doheny v. Atlantic Dynamite Co.West Virginia Supreme Court · 1895
  5. Schryer v. FentonAppellate Division of the Supreme Court of the State of New York · 1897

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