Chapin v. . Shafer
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of defendants entered upon the report of a referee and directing a new trial. The action was brought to recover possession of a horse. Defendants denied plaintiff’s title and claimed title in themselves. The facts are set forth in the opinion.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of defendants entered upon the report of a referee and directing a new trial. The action was brought to recover possession of a horse. Defendants denied plaintiff’s title and claimed title in themselves. The facts are set forth in the opinion. As the order appealed from does not show that the judgment was reversed on questions of fact, the case presents nothing but questions of law. (Code, § 268, sub. 4, and § 272; Colwell v. Lawrence, 38 N. Y., 71; Baldwin v. Van,…
1Opinion of the CourtPeokham, J.
One George Chapin, an infant, being indebted to the defendants for the balance of an account for three suits of clothes, one for himself and two for others, gave them a chattel mortgage upon a horse, to be void in case he paid $110 in ninety days from the 20th of January, "1868. On the same day he sold the horse to this plaintiff and delivered it to her. He refused to deliver the horse on the mortgage to the defendants. When the mortgage was due, the defendants took the horse from plaintiff’s possession, and she brought this action therefor. In August thereafter, directly after George Chapin…
2Cases cited2 opinions
- Bool v. MixNew York Supreme Court · 1837
- Stafford v. RoofCourt for the Trial of Impeachments and Correction of Errors · 1827
3Cited by16 opinions
- Sparman v. . KeimNew York Court of Appeals · 1880
- Wuller v. Chuse Grocery Co.Illinois Supreme Court · 1909
- Goodnow v. Empire Lumber Co.Supreme Court of Minnesota · 1884
- Petrie v. WilliamsNew York Supreme Court · 1893
- Leacox v. GriffithSupreme Court of Iowa · 1888
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