Miller v. . Lockwood
New York Court of Appeals
This action was brought to recover damages against the defendant, a sheriff of Erie county, for taking and converting certain goods, &c., claimed to be the property of the plaintiff. On the 16th of October,. 1857, Henry Ramsdell, the former owner of the goods, confessed judgment, on which executions were issued on that day, to the defendant, who, by virtue thereof, seized and took the said goods.
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This action was brought to recover damages against the defendant, a sheriff of Erie county, for taking and converting certain goods, &c., claimed to be the property of the plaintiff. On the 16th of October,. 1857, Henry Ramsdell, the former owner of the goods, confessed judgment, on which executions were issued on that day, to the defendant, who, by virtue thereof, seized and took the said goods. The plaintiff claimed to hold and own the same by virtue of a mortgage, made and executed thereon, by Ramsdell to him, dated on the 29th of September, 1857, to secure the plaintiff, Rams-dell’s…
1Opinion of the CourtDavies, J.
The principal questions presented for consideration in this case arise upon the motion for a nonsuit.
It is claimed on the part of the appellant, that such motion should have been granted for the following reasons:
1. That the mortgage was presumptively fraudulent, in consequence of the continued possession of the property in the mortgagor, and that the plaintiff failed to remove the presumption.
2. The amount or consideration mentioned in the mortgage being $25,000, and the actual amount of liabilities and indebtedness at the date of the mortgage being only $13,700, the including of the sum of…
2Cases cited3 opinions
- Ford v. . WilliamsNew York Court of Appeals · 1862
- McKinster v. . BabcockNew York Court of Appeals · 1863
- Robinson v. . WilliamsNew York Court of Appeals · 1860
3Cited by20 opinions
- Davis v. SchwartzSupreme Court of the United States · 1895
- Russell v. . WinneNew York Court of Appeals · 1868
- Hester v. GairdnerSupreme Court of Georgia · 1907
- Murray, Dibrell & Co. v. McNealy & CuretonSupreme Court of Alabama · 1888
- Lane v. StarrSouth Dakota Supreme Court · 1890
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