Legal Opinion

Potts v. . Hart

New York Court of Appeals

Decided May 8, 1885PublishedCited by 35 opinions

Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made April 28, 1884, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury- This action was brought by plaintiff, as administrator of the estate of Philip Sauerwine, deceased, for the alleged conversion of goods belonging to the estate. The material facts are stated in the opinion.

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Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made April 28, 1884, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury- This action was brought by plaintiff, as administrator of the estate of Philip Sauerwine, deceased, for the alleged conversion of goods belonging to the estate. The material facts are stated in the opinion. It is only an agreement made at the time the mortgage was made that affects the validity of the mortgage. (Southard v. Benner, 72 N. Y. 424; Russell v.…

1Opinion of the CourtEarl, J.

On the 25th day of January, 1879, plaintiff’s .intestate, Sauerwine, being indebted to the defendants in the sum of $3,323.22, upon fifteen promissory notes falling due, between the date of the mortgage and the 25th day of May, thereafter, executed to them a mortgage'bn all the goods and merchandise in his store in the city of Buffalo, where he car ried on the business of a practical plumber and gas-fitter, the property being such articles as were necessary to conduct his business. * The mortgage was filed in the office of the county clerk of Erie county, on the 3d day of February. The…

2Cases cited2 opinions

  1. Wood v. LowryNew York Supreme Court · 1837
  2. Tallman v. FranklinNew York Court of Appeals · 1856

3Cited by35 opinions

  1. Benedict v. RatnerSupreme Court of the United States · 1925
  2. Skilton v. . CodingtonNew York Court of Appeals · 1906
  3. Zartman v. First National BankNew York Court of Appeals · 1907
  4. Hangen v. . HachemeisterNew York Court of Appeals · 1889
  5. Lee v. State Bank & Trust Co.Court of Appeals for the Second Circuit · 1930

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