Manning v. Monaghan
The Superior Court of New York City
Appeal by the defendants, from a judgment recovered by the plaintiff against them, after a trial before Mr. Justice Monell and a Jury, on the 8th of January, 1862, and from an order denying a new trial. The action was brought against Patrick Monaghan, John Cavanagh and Leonard Gosling, to recover damages on account of the seizure and sale of certain household furniture, which one Schenck had mortgaged to the plaintiff.
Read the full summary
Appeal by the defendants, from a judgment recovered by the plaintiff against them, after a trial before Mr. Justice Monell and a Jury, on the 8th of January, 1862, and from an order denying a new trial. The action was brought against Patrick Monaghan, John Cavanagh and Leonard Gosling, to recover damages on account of the seizure and sale of certain household furniture, which one Schenck had mortgaged to the plaintiff. The mortgage was given to secure SI,070, payable in one year, with a provision that until default, the mortgagor should continue in the full possession and enjoyment of the…
1Opinion of the Court
By the Court—Robertson, J.
The first objection in this case is that the mortgage was not refiled in one year from its original filing. But the property which forms the subject of this action , was sold by the defendants' directions, nearly six months before the end of that year. If they were wrongdoers at the time of the sale, they cannot shelter themselves under the character of creditors, at this time, to defeat the plaintiff’s claim; his right to such redress became perfect at the time of the sale. The plaintiff cannot lose his right of action, by failing to perform the useless ceremony of…
2Cases cited1 opinion
- Manning v. MonaghanThe Superior Court of New York City · 1857