Button v. Rathbone, Sard & Co.
New York Court of Appeals
This action was brought to recover the value of certain personal property alleged to belong to plaintiff, and to have been converted by defendant, the property formerly belonged to one Tully. Plaintiff claimed title under a chattel mortgage executed by him ; and defendant claimed under a subsequent bill of sale executed by him, the purchase price of which was credited on an indebtedness of Tully to defendant.
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This action was brought to recover the value of certain personal property alleged to belong to plaintiff, and to have been converted by defendant, the property formerly belonged to one Tully. Plaintiff claimed title under a chattel mortgage executed by him ; and defendant claimed under a subsequent bill of sale executed by him, the purchase price of which was credited on an indebtedness of Tully to defendant. Plaintiff’s mortgage was then unfiled, and defendant had no knowledge of it. On the trial, defendant offered to show that the mortgage was fraudulent and void, which was objected to and…
1Opinion of the CourtPotter, J.
There does not seem to be any serious controversy between the parties in relation to the facts in this case. Indeed nearly all the facts were alleged in plaintiff’s complaint and all the facts were proved by the plaintiff’s witnesses, either upon direct or cross-examination. When these proofs had been made the plaintiff rested and the defendant moved for a nonsuit which was denied and defendant excepted. Thereupon the defendant was proceeding to ask. some further question of Tully, the mortgagor, in relation: to his possession of the mortgaged goods and his pecuniary condition, when objection…
2Cases cited3 opinions
- Youngs v. . LeeNew York Court of Appeals · 1855
- Purchase v. MattisonThe Superior Court of New York City · 1857
- Powers v. FreemanNew York Supreme Court · 1869