Sexton v. Breese
New York Supreme Court
Motion for new trial. Action by Pliny T. Sexton against Henry Breese. Verdict was rendered for defendant, and plaintiff moves for a new trial on a case and exceptions.
1Opinion of the CourtDwight, P. J.
The action was replevin for a crop of wheat in the straw, of the value of $75. The plaintiff was the holder of a mortgage on the farm of one Mumford, which had been given by the latter to the firm of Cuyler & Sexton, of which the plaintiff was the survivor, as a general continuing collateral security for obligations and liabilities to be incurred by the mortgagor, and which, by its terms, was to become due one month after demand. At the time of the transactions out of which this action grew, Mumford was largely indebted to the plaintiff on the security of the mortgage, the amount of such…
2Cases cited4 opinions
- Trimm v. . MarshNew York Court of Appeals · 1874
- Stewart v. DoughtyNew York Supreme Court · 1812
- Packer v. . the Rochester and Syracuse R.R. Co.New York Court of Appeals · 1858
- Frank v. HarringtonNew York Supreme Court · 1862
3Cited by1 opinion
- Sexton v. BreeseNew York Supreme Court · 1890