Legal Opinion

Jencks v. . Smith

New York Court of Appeals

Decided November 5, 1847PublishedCited by 9 opinions

On error from the Supreme Court. Smith sued Jencks before a Justice of the Peace.of the County of Madison, and declared in trespass for taking a quantity of hay. The defendant pleaded the general issue, and gave notice that he would prove the. hay belonged to him by virtue of a chattel mortgage, executed upon the same by one Philip Arnold.

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On error from the Supreme Court. Smith sued Jencks before a Justice of the Peace.of the County of Madison, and declared in trespass for taking a quantity of hay. The defendant pleaded the general issue, and gave notice that he would prove the. hay belonged to him by virtue of a chattel mortgage, executed upon the same by one Philip Arnold. On the trial the plaintiff claimed the hay by virtue of a sale to him under an execution, issued from a Justices’ Court, against the said Philip Arnold. Arnold cut the hay upon land which he'Occupied under one Hunt. The hay was cut and stacked on Saturday,…

1Opinion of the Court

Two points were made on the argument of this cause: 1. That the mortgage gave the defendant (in the Justices' Court) no subsisting lien upon the grass, as it is not the subject of conveyance or pledge, as security, by chattel mortgage. 2d. That there was no proof on the trial before the Justice of the residence of the mortgagor, at the time of the execution of the mortgage; or that, when executed, the property was in the town in which the mortgage was filed.

With regard to the first point, I concur with the reasoning of the Supreme Court. (1 Denio 580.) It was assumed by both parties, on the…

2Cases cited1 opinion

  1. Smith v. JenksCourt for the Trial of Impeachments and Correction of Errors · 1845

3Cited by9 opinions

  1. Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
  2. Lawton Pressed Brick & Tile Co. v. Ross-Kellar Triple Pressure Brick MacH. Co.Supreme Court of Oklahoma · 1912
  3. Wilkin v. KeithMichigan Supreme Court · 1899
  4. Harder v. PlassNew York Supreme Court · 1890
  5. Zink v. BohnSuperior Court of Buffalo · 1888

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