Manning v. . Monaghan
New York Court of Appeals
After the new trial ordered in this case, upon a former appeal, (23 N. T. Eep. 539,) the issue was again tried before Mr. Justice Monell, in January, 1862, when the plaintiff recovered by the verdict of the jury $1368.06 damages.
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After the new trial ordered in this case, upon a former appeal, (23 N. T. Eep. 539,) the issue was again tried before Mr. Justice Monell, in January, 1862, when the plaintiff recovered by the verdict of the jury $1368.06 damages. The action was brought against the present defendants and one Gosling for the seizing, selling and converting certain furniture, pictures, &c., which one Edward Schenck had mortgaged to the plaintiff, and which had been taken by the defendant Cavenagh as a receiver appointed in certain proceedings supplementary to execution, at the instance of the defendant Monaghan,…
1Opinion of the Court
Denio, Ch. J.
Certain positions respecting actions of this character are perfectly well established in this court, viz. (1.) That a mortgagor of chattels remaining in possession before default, under a clause entitling him to such position, like the one in this mortgage, has an interest in the property which is the subject of levy and sale on execution against such mortgagor. The seizure by the receiver was in the. nature of a levy on execution so far as this case is concerned. (2.) That although the interest which passes to the purchaser at such sale .is only such an interest as the mortgagor…
2Cases cited3 opinions
- Goulet v. . AsselerNew York Court of Appeals · 1860
- Manning v. . MonaghanNew York Court of Appeals · 1861
- Hull v. . CarnleyNew York Court of Appeals · 1858
3Cited by21 opinions
- Waterman v. MacKenzieSupreme Court of the United States · 1891
- Lockhart v. Garden City Bank & Trust Co.Court of Appeals for the Second Circuit · 1940
- Shapard v. HynesCourt of Appeals for the Eighth Circuit · 1900
- Cone v. IvinsonWyoming Supreme Court · 1893
- Porter v. . ParmleyNew York Court of Appeals · 1873
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