Doane v. Eddy
New York Supreme Court
This was an action of trover for a mare, tried at the Washington circuit in J une, 1834, before the Hon. Esek Cowen, then one of the circuit judges. To prove title to the property, the plaintiff gave in evidence a mortgage executed by Julius Doane, dated August 8, 1832, conveying to him the mare, with other goods and chattels.
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This was an action of trover for a mare, tried at the Washington circuit in J une, 1834, before the Hon. Esek Cowen, then one of the circuit judges. To prove title to the property, the plaintiff gave in evidence a mortgage executed by Julius Doane, dated August 8, 1832, conveying to him the mare, with other goods and chattels. The mortgage recited that the plaintiff had signed a note with and as the surety of the mortgagor, to one Silas Hall, for the sum of $175, payable 8th August, 1833, and that the mortgagor, from his then embarrassments, was apprehensive that he would not be able to pay…
1Opinion of the Court
The following opinion was delivered by Mr. Justice Bhonson, in .which Mr. Justice Cqwen concurred. The Chief Justice dissented.
Bronson, J.
Some of the questions discussed on the argument do not properly arise in the case. It does not appear that the plaintiff made any objection that the defendant had not proved himself a creditor of Julius Doane, or that the property had not been regularly taken on attachment, issued pursuant to the laws of the state of Vermont. The plaintiff himself gave in evidence the note which Julius Doane had given to the defendant, and also produced the attachment for…
2Cases cited6 opinions
- Stuart v. SimpsonNew York Supreme Court · 1828
- Gardner v. AdamsNew York Supreme Court · 1834
- Wilson v. WilliamsNew York Supreme Court · 1835
- Jennings v. Carter & WilcoxNew York Supreme Court · 1829
- Demyer v. SouzerNew York Supreme Court · 1831
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3Cited by17 opinions
- Vogler v. GeissCourt of Appeals of Maryland · 1879
- Wood v. LowryNew York Supreme Court · 1837
- Foote v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1895
- Stewart v. SlaterThe Superior Court of New York City · 1856
- Beekman v. BondNew York Supreme Court · 1838
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