Dearing v. Dash
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, McKinnon Dash and Hardware Company, Limited, and others, from a judgment of the Supreme Court in favor of the- plaintiff, entered in the office of the clerk of the - county of Monroe on the 3d day of July, 1897, upon the verdict of a jury rendered after a trial at the Monroe' Trial Term, and also from an order entered in said clerk’s office on the' 3d day of July, 1897, denying the defendants’ motion for a new trial made upon the minutes.- The “…
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Appeal by the defendants, McKinnon Dash and Hardware Company, Limited, and others, from a judgment of the Supreme Court in favor of the- plaintiff, entered in the office of the clerk of the - county of Monroe on the 3d day of July, 1897, upon the verdict of a jury rendered after a trial at the Monroe' Trial Term, and also from an order entered in said clerk’s office on the' 3d day of July, 1897, denying the defendants’ motion for a new trial made upon the minutes.- The “ Elms Buggy Company” is a.foreign corporation organized under, the laws of the State of Michigan,., with its principal'…
1Opinion of the Court
Adams, J.:
At the close of the proofs the learned trial court held as matter of law that the plaintiff was entitled to the possession of the property in question, and submitted nothing to the jury save the question of value. This disposition of the case' was apparently based upon the theory that the instrument relied upon by the plaintiff to sustain his claim of title was a chattel mortgage; that the same was •valid under the law of the State of Michigan, and that it conse-quently operated as a valid transfer of the mortgagor’s personal ■property wherever situated.
In reviewing the several…
2Cases cited13 opinions
- Hervey v. Rhode Island Locomotive WorksSupreme Court of the United States · 1877
- Warner v. . JaffrayNew York Court of Appeals · 1884
- Guillander v. . HowellNew York Court of Appeals · 1866
- Hyslop & Cambpell v. ClarkeNew York Supreme Court · 1817
- Coffin v. . ReynoldsNew York Court of Appeals · 1868
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3Cited by9 opinions
- Finney v. GuyWisconsin Supreme Court · 1900
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- Geneva Mineral Spring Co. v. CourseyAppellate Division of the Supreme Court of the State of New York · 1899
- Franklin Coal Co. v. HicksAppellate Division of the Supreme Court of the State of New York · 1899
- Wood v. EldredgeMichigan Supreme Court · 1907
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