Poucher v. . Blanchard
New York Court of Appeals
Appeal from judgment of the General Term of the Su-, preme Court, in the fourth judicial department, entered upon an order made April 6, 1880, which affirmed a judgment in favor of plaintifE, entered upon the report of a referee. This action was brought to recover damages for the alleged conversion of a canal-boat. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Su-, preme Court, in the fourth judicial department, entered upon an order made April 6, 1880, which affirmed a judgment in favor of plaintifE, entered upon the report of a referee. This action was brought to recover damages for the alleged conversion of a canal-boat. The material facts are stated in the opinion. The referee erred in holding that the defendants, by leaving the towing'bill in the hands of his attorneys for collection, authorized them to commit a trespass for the purpose of collection, or made themselves liable for such trespass.…
1Opinion of the CourtEarl, J.
In October, 1865, the plaintiff owned a canal-boat and then sold her to one Jane Sprague and, to secure a portion of the purchase-money, took back a-chattel mortgage upon her, which was duly filed and recorded in all the places required by law. During the season of 1866 Orlando B. Sprague, the husband of Jane, ran the boat, as master, upon the Erie canal and Hudson river, between Buffalo and Hew York, and in December, at the close of navigation in that year, she was laid up in the Atlantic basin on the Brooklyn side of Hew York harbor, outside of low-water mark. The whole amount secured by…
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