Hall v. . Sampson
New York Court of Appeals
Appeal from the Supreme Court. The action was for the conversion of a piano-forte, which was claimed by the plaintiff under a chattel mortgage from Walpole, his brother-in-law, and which was taken by the defendant, as sheriff of Cortland, under an attachment in favor of John M. Jaycox and others against Walpole, whose interest in the piano was subsequently sold on execution in the attachment suit.
Read the full summary
Appeal from the Supreme Court. The action was for the conversion of a piano-forte, which was claimed by the plaintiff under a chattel mortgage from Walpole, his brother-in-law, and which was taken by the defendant, as sheriff of Cortland, under an attachment in favor of John M. Jaycox and others against Walpole, whose interest in the piano was subsequently sold on execution in the attachment suit. The referee, Hiram Crandall, on a former trial, directed judgment for the plaintiff, which was reversed on appeal by the General Term of the 5th district. The case, as there heard, is reported in 19…
1Opinion of the CourtPoetes, J.
The execution of the chattel mortgage invested the plaintiff with title, subject to be defeated by subsequent performance of the condition. The right of possession ordinarily follows that of property, and both would have passed under the transfer, in the absence of any express or implied agreement for the retention of the goods by the mortgagor. It has been held in some of the cases that no such agreement can be implied from provisions substantially like those contained in the present mortgage. (Rich v. Milk, 20 Barb., 616; Chadwick v. Lamb, 29 id., 518.) The court below held otherwise, and…
2Cases cited2 opinions
- Galen v. . BrownNew York Court of Appeals · 1860
- Rich v. MilkNew York Supreme Court · 1855
3Cited by37 opinions
- Stewart v. PlattSupreme Court of the United States · 1879
- Horton v. WilliamsSupreme Court of Minnesota · 1875
- Hathaway v. . BraymanNew York Court of Appeals · 1870
- State ex rel. McGrath v. CarrollMissouri Court of Appeals · 1887
- Marsh v. WadeWashington Supreme Court · 1889
32 more not listed; retrieve them via the Exa API.