Edgell v. Hart
New York Supreme Court
Appeal from a judgment rendered at a special term, and motion for a new trial, on the ground that the verdict was contrary to the evidence. This was an action under the code, to recover the possession of personal property alledged to have heen taken by the defendant from the plaintiff. The answer admitted the possession, of the goods in question, in the defendant, and denied property in the plaintiff.
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Appeal from a judgment rendered at a special term, and motion for a new trial, on the ground that the verdict was contrary to the evidence. This was an action under the code, to recover the possession of personal property alledged to have heen taken by the defendant from the plaintiff. The answer admitted the possession, of the goods in question, in the defendant, and denied property in the plaintiff. It also set up a justification of the taking, by the defendant, as sheriff of the county of Monroe, on the 4th of October, 1849, under two executions, one in favor of George C. Buell against…
1Opinion of the Court
By the Court, Welles, J.
After the evidence was closed, the defendant’s counsel moved for a nonsuit, upon the following among other grounds: That the chattel mortgage under which the plaintiff claimed, was fraudulent in law and void, in permitting the mortgagor not only to retain the possession and enjoyment of the property, but also to sell the same; and in assuming to mortgage property which Bostwick might put into the store after the giving of the mortgage; and also by reason of its being *387a general mortgage of all groceries, &c. without a particular description; and that the mortgage…
2Cases cited2 opinions
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Wood v. LowryNew York Supreme Court · 1837
3Cited by6 opinions
- Ford & Rockwood v. WilliamsNew York Court of Appeals · 1856
- Putnam v. OsgoodSupreme Court of New Hampshire · 1871
- Edgell v. HartNew York Court of Appeals · 1853
- Frankhouser v. EllettSupreme Court of Kansas · 1879
- Gay v. BidwellMichigan Supreme Court · 1859
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