McCaffrey v. Wooden
New York Supreme Court
ACTIOS” for thé taking and conversion of personal property, consisting of hay and other crops, and horses. The ownership of the property in question was conceded to have been in the plaintiff! The taking and sale of the property were conceded to have been done by the defendant.
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ACTIOS” for thé taking and conversion of personal property, consisting of hay and other crops, and horses. The ownership of the property in question was conceded to have been in the plaintiff! The taking and sale of the property were conceded to have been done by the defendant. The defenses were, in the first place a paroi license; and in the second place an alleged taking under a so called chattel mortgage lease, executed to the plaintiff by Catharine Beahan, for whom the defendant claimed, on the trial, to be acting as an agent. The ownership of the plaintiff, and the taking and sale by the…
1Opinion of the Court
By the Court,
Johnson, J.
The action was for the taking and conversion of the personal property of the plaintiff. The defendant justified the taking by virtue, of the provisions of a certain lease from. Catharine Beahan to the plaintiff which was claimed to be a chattel mortgage of the property taken, and that he was acting as the agent of the mortgagee. The provision.in the lease, under which the plaintiff held the farm, was as follows: “ It is agreed that the said party of the first part shall have a lien, as security for the payment of the rent aforesaid, on all goods, implements, stock,…
2Cases cited6 opinions
- Mumford v. WhitneyNew York Supreme Court · 1836
- Milliman v. NeherNew York Supreme Court · 1855
- Jamieson v. MillemannThe Superior Court of New York City · 1854
- Simpkins v. RogersIllinois Supreme Court · 1854
- Babcock v. UtterNew York Court of Appeals · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Kafka v. LevensohnAppellate Terms of the Supreme Court of New York · 1896
- Marie v. GarrisonThe Superior Court of New York City · 1883
- Danzer v. NathanAppellate Division of the Supreme Court of the State of New York · 1911
- Travellers' Insurance v. HealeyNew York Supreme Court · 1895
- Travellers' Insurance v. HealeyNew York Supreme Court · 1894
3 more not listed; retrieve them via the Exa API.