Deeley v. Dwight
New York Court of Common Pleas
. Exceptions from trial term. Action by Robert F. Deeley and Thomas F. Deeley against John Dwight and others to recover dam ages for the conversion of certain machinery which plaintiffs claimed by virtue of a chattel mortgage executed to them by one Gandolfo in February, 1884. The defendant John Dwight claimed the machinery as purchaser from Gandolfo, and, as the plaintiffs’ mortgage was not filed as required by statute, the defendants insist that it is void as against John…
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. Exceptions from trial term. Action by Robert F. Deeley and Thomas F. Deeley against John Dwight and others to recover dam ages for the conversion of certain machinery which plaintiffs claimed by virtue of a chattel mortgage executed to them by one Gandolfo in February, 1884. The defendant John Dwight claimed the machinery as purchaser from Gandolfo, and, as the plaintiffs’ mortgage was not filed as required by statute, the defendants insist that it is void as against John Dwight as a purchaser in good faith, and also claim that the plaintiffs are estopped from asserting their rights under…
1Opinion of the CourtLarremore, C. J.
The learned judge who tried this case evidently had grave doubt as to whether or not a correct disposition had been made of it, and therefore ordered the exceptions to be heard in the first instance at general term. After reflection and an examination of authorities, the opportunity for which is always limited at trial term, we have concluded that such doubt was well founded. It appears that defendants in or about September, 1883, entered into a contract with one Gandolfo to procure and sell to them certain articles of machinery to be selected by him. Gandolfo engaged plaintiffs to…
2Cases cited12 opinions
- Thompson v. . Van VechtenNew York Court of Appeals · 1863
- Weaver v. . BardenNew York Court of Appeals · 1872
- McCaffrey v. . WoodinNew York Court of Appeals · 1875
- Van Heusen Charles v. . RadcliffNew York Court of Appeals · 1858
- Wisner v. . OcumpaughNew York Court of Appeals · 1877
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