Butts v. Edwards
New York Supreme Court
Case, tried,, at the Oswego circuit in, June, 1844, .before-. Gridley, 0. Judge. The action- was brought to recover dam-, ages on account of alleged irregularities in conducting .a distress ., of certain personal property which the plaintiff claimed as mortgagee, which was distrained:and.sold for rent.due:;to Gerdt,f.
Read the full summary
Case, tried,, at the Oswego circuit in, June, 1844, .before-. Gridley, 0. Judge. The action- was brought to recover dam-, ages on account of alleged irregularities in conducting .a distress ., of certain personal property which the plaintiff claimed as mortgagee, which was distrained:and.sold for rent.due:;to Gerdt,f. Smith, by virtue of a distress warrant issued and signed by.:th¡9.; defendant as the agent of Smith,, The plaintiff’s interest in the property as the holder of a chattel mortgage which ’ had been duly recorded ; the demise by Smith of the Oswego Hotel, the premises upon which…
1Opinion of the Court
By the Court, Jewett, J.
The statute makes it the duty of the officer making a distress for rent, immediately thereafter to give notice thereof with the cause of such distress, the amount of rent due, and an inventory of the articles taken, by leaving the same with the tenant; and if at the expiration of five days from the day of the service of such notice, the amount of rent due, together with the costs of the distress shall not be paid and the goods shall not be replevied, the officer is to procure an appraisal to be made in the manner particularly pointed out by the statute. He is then to…
2Cases cited2 opinions
- Connah v. HaleNew York Supreme Court · 1840
- Marquissee v. OrmstonNew York Supreme Court · 1836
3Cited by5 opinions
- Marvin v. . MarvinNew York Court of Appeals · 1878
- Wells v. TaylorMontana Supreme Court · 1884
- Kerry v. ArcherNew York Supreme Court · 1866
- Durant v. EinsteinThe Superior Court of New York City · 1868
- Fenlason v. SheddSupreme Judicial Court of Maine · 1912