Powers v. Freeman
New York Supreme Court
Appeal from a judgment rendered on the verdict of a jury. The action was brought to recover the value of eight cows, which the plaintiff claimed to own, and which the defendant took and converted to his own use.
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Appeal from a judgment rendered on the verdict of a jury. The action was brought to recover the value of eight cows, which the plaintiff claimed to own, and which the defendant took and converted to his own use. It appeared that on the 1st day of October, 1866, one Emerson E. Hall, who was the father of the plaintiff, entered into a written contract with the defendant to purchase from him a farm of about 281 acres, lying in "the town of Wilna, in the county of Jefferson, at the nominal price of thirty-five dollars per acre, but with an oral arrangement between them, that the real price should…
1Opinion of the Court
By the Court
— Foster, J.
There can he no question but that the sale of the eight cows, made by the defendant to Ilall, on the first day of October, 1866, transferred all the title, which the defendant had to them, subject only to the mortgage which he took to secure the payment of the purchase price. The mortgage recites, “that Emerson E. Hall, of Antwerp, Jefferson county, is indebted to Erastus B. Freeman, of Leray, in the sum of $400, being for the security of eight red cows, on said Freeman farm in Wilna, that have been sold with said Freeman farm to said Ilall; and this mortgage shall he…
2Cases cited1 opinion
- Day v. SaundersNew York Court of Appeals · 1867
3Cited by4 opinions
- Salmon v. NorrisAppellate Division of the Supreme Court of the State of New York · 1903
- Burkhalter v. PrattNew York Marine Court · 1876
- Button v. Rathbone, Sard & Co.New York Court of Appeals · 1889
- Coates v. DonnellThe Superior Court of New York City · 1881