Farrell v. Hildreth
New York Supreme Court
THIS was an appeal from a judgment of the county court of-Ontario county, reversing the judgment of a justice of the peace. The action was brought to recover for the wrongful conversion of a wagon and a yearling heifer, which property the plaintiff claimed by virtue of a chattel mortgage executed to him by John Farrell, the owner of the property. The mortgage was executed January 23d, 1860, and was filed in the town clerk’s office on the 24th day of the same month.
Read the full summary
THIS was an appeal from a judgment of the county court of-Ontario county, reversing the judgment of a justice of the peace. The action was brought to recover for the wrongful conversion of a wagon and a yearling heifer, which property the plaintiff claimed by virtue of a chattel mortgage executed to him by John Farrell, the owner of the property. The mortgage was executed January 23d, 1860, and was filed in the town clerk’s office on the 24th day of the same month. It was given to secure the payment of $50 and interest in one year from the date. It contained the following clause: “ And in…
1Opinion of the Court
By the Court, Welles, J.
The only question in this .ease requiring particular consideration is whether, at the time of the levy or the demand by the plaintiff of and upon the prop.? erty in question, John Farrell, the judgment debtor and mortgagor, had an interest in the property, liable to be levied upon and sold on execution against him. The mortgage was given on the 23d of January, 1860, and filed in the proper town clerk’s office the next day, January 24th. It contained the usual insecurity clause in chattel mortgages. The levy by virtue of the execution in favor of Pomeroy was on a sub? ' *180…
2Cases cited1 opinion
- Hall v. SamsonNew York Supreme Court · 1859
3Cited by8 opinions
- Tyler v. AmesNew York Supreme Court · 1872
- Sanger v. SlaydenCourt of Appeals of Texas · 1894
- Glenny v. LacyCity of New York Municipal Court · 1888
- Doll v. NobleNew York Supreme Court · 1886
- Campbell v. FishNew York Court of Common Pleas · 1878
3 more not listed; retrieve them via the Exa API.