Sleight v. Leavenworth
The Superior Court of New York City
Appeal from a judgment in favor of the plaintiff, entered upon the verdict of a jury, upon the ground of an erroneous refusal of the Judge to nonsuit the plaintiff when the testimony was closed, and for error in'his charge. One Augustus Hurd executed a mortgage to Henry S. Rosenkrantz, on the 17th of October, 1850, upon certain personal property, to secure payment of the sum of $671.88, the amount of his promissory note given to Rosenkrantz.
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Appeal from a judgment in favor of the plaintiff, entered upon the verdict of a jury, upon the ground of an erroneous refusal of the Judge to nonsuit the plaintiff when the testimony was closed, and for error in'his charge. One Augustus Hurd executed a mortgage to Henry S. Rosenkrantz, on the 17th of October, 1850, upon certain personal property, to secure payment of the sum of $671.88, the amount of his promissory note given to Rosenkrantz. This note, with the accompanying mortgage, was assigned to one James T. Lecte about the time of its date. The mortgage was duly filed on the day of its…
1Opinion of the CourtBy the Court. Campbell, J.
It cannot be disputed that the action in the Common Pleas, and the recovery, were exclusively upon the' instrument or bond executed by Mills & Sleight. The action was, therefore, upon a contract merely. The difference between the sum mentioned in the bond, and the recovery, viz., $500, arose, no doubt, from the referee’s finding the latter sum to be the value of the goods actually taken by Mills & Sleight. There is nothing apparent on the record, or otherwise, in the case, to show that the present plaintiff could have been arrested under the 179th section of the Code. (See § 288.) It was a…
2Cited by4 opinions
- Poucher v. . BlanchardNew York Court of Appeals · 1881
- Nossek v. A. H. Todd & SonNew York Supreme Court · 1936
- Whitney v. New York Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1898
- Whitney v. New York Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1898