Scobell v. Block
New York Supreme Court
Appeal from circuit court, Jefferson county. Action by Ralph g. gcobell against gidney g. Block and another to recover for conversion of certain property situated on premises mortgaged by plaintiff. On foreclosure of the mortgage, it was contended that the articles in question were fixtures, and came under the mortgage, though they were not specifically described therein. Defendants were purchasers at the foreclosure sale.
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Appeal from circuit court, Jefferson county. Action by Ralph g. gcobell against gidney g. Block and another to recover for conversion of certain property situated on premises mortgaged by plaintiff. On foreclosure of the mortgage, it was contended that the articles in question were fixtures, and came under the mortgage, though they were not specifically described therein. Defendants were purchasers at the foreclosure sale. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, made on the minutes, defendants appeal.
1Opinion of the CourtHardin, P. J.
When the sheriff exposed the premises for sale in the foreclosure proceedings, the defendants and the plaintiff were present, and a question arose as to what passed under the foreclosure sale; and it was claimed on the trial that the plaintiff assented to or acquiesced in the understanding that the personal property described in the complaint in this action should pass to the defendants, who then became the purchasers. A question of fact was raised at the trial as to what took place on that occasion, as well as to the understanding that had been reached by the plaintiff and defendants prior…
Also in this document: Concurrence.
2Cases cited11 opinions
- McRea v. Central National Bank of TroyNew York Court of Appeals · 1876
- Potter v. . CromwellNew York Court of Appeals · 1869
- More v. New York Bowery Fire InsuranceNew York Court of Appeals · 1892
- Kirtz v. . PeckNew York Court of Appeals · 1889
- McKeage v. . Hanover Fire Insurance Co.New York Court of Appeals · 1880
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hatton v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1913