Legal Opinion

Walling v. . Miller

New York Court of Appeals

Decided January 17, 1888PublishedCited by 58 opinions

Appeal from judgment of the General Term of the Supreme' Court in the second judicial department, entered upon an order made September 14, 1885, which affirmed a judgment in favor of plaintiff: entered- upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion.

1Opinion of the CourtEabl, J.

This action was brought to recover damages for the wrongful conversion of certain buildings situated upon the land of J. W. Utter in Orange county. In February, 1883, the buildings belonged to John W. Vanderoef who was the tenant of Utter under a lease expiring April 1, 1883. On the 26th of February, 1883, he gave his wife Eliza a chattel mortgage payable one day after date, covering these buildings and all the rest of his personal property. Neither Vanderoef nor his wife removed the buildings during the term of the lease. On the 6th of March, 1883, Utter leased the premises upon which the…

2Cases cited2 opinions

  1. Day v. . BachNew York Court of Appeals · 1881
  2. Noe v. GibsonNew York Court of Chancery · 1839

3Cited by58 opinions

  1. Bettman v. HarnessWest Virginia Supreme Court · 1896
  2. Copeland v. SalomonNew York Court of Appeals · 1982
  3. Lafayette Trust Co. v. . BeggsNew York Court of Appeals · 1915
  4. Moore v. . PotterNew York Court of Appeals · 1898
  5. Crescent Mining Co. v. Silver King Mining Co.Utah Supreme Court · 1898

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