Doig v. Haverly
New York Supreme Court
Appeal from circuit court, Delaware county. Action by William C. Doig against Alonz A. Haverly, Alfred W. Wilcox, and William R. Kilpatrick for conversion. Defendants claim title to property by virtue of a chattel mortgage. The case was tried by the court, a jury having been waived.
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Appeal from circuit court, Delaware county. Action by William C. Doig against Alonz A. Haverly, Alfred W. Wilcox, and William R. Kilpatrick for conversion. Defendants claim title to property by virtue of a chattel mortgage. The case was tried by the court, a jury having been waived. In the conclusions of law the trial judge found: “That, defendants’ mortgage being prior in point of time, and being in full force and operation as against the plaintiff’s mortgage, they had a prior right to the possession of the property in question, and to take and sell the same for the satisfaction of their…
1Per curiam
At the close of the evidence given in the case the parties expressly waived a jury, and submitted the questions of fact and of law to the court. Thereafter findings of fact were mad.e, and a conclusion of law stated. We are of the opinion that the evidence warranted the finding of fact made by the trial judge. The questions of law are clearly and fully discussed in an opinion delivered by the trial judge, which meets with our approval, and we therefore affirm the judgment upon the opinion of the trial judge.
Judgment affirmed, with costs, on the opinion of PARKER, J., delivered at the circuit.
2Cited by4 opinions
- Bueb v. GeratyAppellate Terms of the Supreme Court of New York · 1899
- Horton v. Wright, Barrett, & Stillwell Co.North Dakota Supreme Court · 1917
- Fifth National Bank of Cincinnati v. WoolseyNew York Supreme Court · 1897
- Bueb v. GeratyAppellate Terms of the Supreme Court of New York · 1901