Witherbee v. Taft
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Andrew J. Taft, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Washington on the 5th day of September, 1899, upon the decision of the court, rendered after a trial at the Montgomery Special Term, awarding to the plaintiff the possession of the canal boat Andrew J. Taft»and damages for its detention.
1Opinion of the Court
Merwin, J.:
■ The canal boat in question was built in 1881, and on November 10, 1881, the builders contracted to sell it to Sewell J. Sweet.- On November 13,-1881, Sweet took possession and ran it until the fall of 1895. On the-24th of August, 1887, Sweet executed and delivered to the defendant a chattel mortgage upon his interest in the boat to secure the payment to the defendant of the sum of $671.75, the amount then due and unpaid from Sweet to the defendant for money loaned and applied toward the payment of the purchase price of the boat; This mortgage and the renewals thereof were filed…
2Cases cited2 opinions
- Kitchen v. . LoweryNew York Court of Appeals · 1891
- Best v. . StapleNew York Court of Appeals · 1874
3Cited by3 opinions
- Rivara v. James Stewart & Co.New York Court of Appeals · 1925
- Sheets v. PoffSupreme Court of Iowa · 1904
- Bueb v. GeratyAppellate Terms of the Supreme Court of New York · 1901