Chambers v. Clearwater
New York Court of Appeals
Appeal from a judgment of the Supreme Court. The action was in the nature of trover for two horses, a wagon, harness, etc. One Andrew Roosa was the former owner of the property, and he mortgaged it to Schoonmaker, the original plaintiff, in December, 1851, to secure a debt of $175, payable September 1st, 1852. By the terms of the instrument, the mortgagee had a right 'to take possession of the property, and sell the same, if at any time he should deem himself insecure.
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Appeal from a judgment of the Supreme Court. The action was in the nature of trover for two horses, a wagon, harness, etc. One Andrew Roosa was the former owner of the property, and he mortgaged it to Schoonmaker, the original plaintiff, in December, 1851, to secure a debt of $175, payable September 1st, 1852. By the terms of the instrument, the mortgagee had a right 'to take possession of the property, and sell the same, if at any time he should deem himself insecure. The defendants, on the 23d June, 18.52, recovered a judgment against Roosa for $82.22, before James H. Elmendorf, a justice…
1Opinion of the Court
Denio, Ch. J.
I am of opinion that the evidence was sufficient to make out a prima facie case against both the defendants, so far as related to the question of the seizure of the property. The defendants were both active in obtaining the judgment against Eoosa, and although Clearwater alone gave the directions for seizing the horses and wagon, he should be presumed, in the absence of evidence to the contrary, to have been acting in conjunction with the other defendant in a common enterprise of collecting their joint debt by a seizure of *312the property in question. . Although the commission of a…
2Cases cited1 opinion
- Edwards v. RussellNew York Supreme Court · 1839
3Cited by8 opinions
- People ex rel. Pond v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1896
- Frevert v. SwiftNevada Supreme Court · 1886
- State v. GarissSupreme Court of New Jersey · 1875
- In re New York, West Shore & Buffalo Railway Co.New York Supreme Court · 1885
- In re the Probate of the Last Will of HancockNew York Supreme Court · 1882
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