Hawver v. Bell
New York Supreme Court
Appeal from circuit court, Sullivan county. • ' • Action by Mary Ann Hawver against Edmund B. Bell and Walter L. Bell, executors of Calvin H. Bell, deceased, for conversion of certain chattels. From a judgment entered- on the verdict of a jury, and from an order denying a motion for a new trial on the minutes of the trial judge, defendants appeal.
1Opinion of the CourtMayham, P. J.
This action was for a wrongful conversion of personal property. The defendant alleges that the property was taken by virtue of a *613chattel mortgage, which was given to secure the payment of a note for $569. That the mortgage and note were given by plaintiff to Alexander Archibald, and by him assigned to defendant’s testator. The plaintiff replied to this answer, alleging that the note and mortgage were usurious and void. Two questions were litigated on the trial: First, the right of the defendant to take the property on the mortgage; second, the value of the property taken. At the time the…
2Cases cited2 opinions
- Hall v. . SampsonNew York Court of Appeals · 1866
- Hathaway v. . BraymanNew York Court of Appeals · 1870
3Cited by5 opinions
- In re the Construction of the Last Will & Testament of BriggsAppellate Division of the Supreme Court of the State of New York · 1917
- In re the Construction of the Last Will & Testament of JohnsonNew York Surrogate's Court · 1924
- Sills v. HawesColorado Court of Appeals · 1899
- Manufacturers' Finance Acceptance Corp. v. WoodsAlabama Court of Appeals · 1930
- Sills v. HawesColorado Court of Appeals · 1899