Tyler v. Taylor
New York Supreme Court
This was an action of trover for a horse. The cause was tried at the Oswego circuit, in June, 1849, before Justice Mason. The jury, under the direction of the court, found a verdict for the defendant; and the plaintiff, upon a case, moved for a new trial.
1Opinion of the Court
By the Court, Gridley, J.
The plaintiff purchased the horse, which is the subject of this suit, of one Jonathan Sher*586wood, for $60; receiving him in payment of a debt of $30, which was due from Sherwood, and giving credit for the remaining $30 to Sherwood, on account, as Sherwood himself testifies. He therefore got all the right, and no more, which Sherwood possessed. Sherwood’s right was that of one of several mortgagees, to whom the horse, with numerous other articles of property, were conveyed by mortgage, conditioned to pay $30 to Sherwood; and to pay up and “ discharge” several other…
2Cases cited5 opinions
- Hyde v. StoneNew York Supreme Court · 1831
- Wilson v. ReedNew York Supreme Court · 1808
- Mersereau v. NortonNew York Supreme Court · 1818
- White v. OsbornNew York Supreme Court · 1839
- Farr v. SmithNew York Supreme Court · 1832
3Cited by9 opinions
- Osborn v. . SchenckNew York Court of Appeals · 1880
- Grigsby v. DaySouth Dakota Supreme Court · 1897
- Farwell v. WareenWisconsin Supreme Court · 1890
- Trustees of Ashland Lodge No. 63 v. WilliamsWisconsin Supreme Court · 1898
- Weiss v. WeissAppellate Terms of the Supreme Court of New York · 1912
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