Russell v. . St. Mart
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 15, 1903, reversing a judgment in favor of defendants entered upon the report of a referee and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 15, 1903, reversing a judgment in favor of defendants entered upon the report of a referee and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Upon the maturity and payment by defendants of the note on February 26, 1901, which their mortgage was given to secure, every interest which Bur tell & Burgess or either of them had in the mortgaged property ceased and vested in the defendants. (Moore v. P. T. Co., 133 N. Y. 148…
1Opinion of the CourtBartlett, J.
The plaintiff seeks in this action to recover damages of the defendants for the alleged conversion of a printing plant used in publishing a weekly paper at the village of Hancock, in the county of Delaware.
The material facts out of which this litigation arises are as follows: The firm of Burtch and Burgess, in contemplation of- publishing a newspaper at Hancock, applied to the defendants on or about the 26th day of FTovember, 1900, to guarantee the payment of their note for $100.00, representing to them that they had purchased and paid for a printing plant and were about to remove the same to…
2Cases cited2 opinions
- Karst v. . GaneNew York Court of Appeals · 1893
- Stephens v. . PerrineNew York Court of Appeals · 1894
3Cited by15 opinions
- Benedict v. RatnerSupreme Court of the United States · 1925
- Skilton v. . CodingtonNew York Court of Appeals · 1906
- In re ThomasDistrict Court, N.D. New York · 1912
- Benedict v. RatnerSupreme Court of the United States · 1925
- In re the Estate of ShayNew York Surrogate's Court · 1935
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