Edgell v. . Hart
New York Court of Appeals
This was an action commenced in October, 1849, for detaining personal property, and would have been replevin under the former practice. The property was a quantity of groceries, the assortment of a retail store.
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This was an action commenced in October, 1849, for detaining personal property, and would have been replevin under the former practice. The property was a quantity of groceries, the assortment of a retail store. The defendant in the answer justified as sheriff of the county of Monroe, under two executions issued out of the supreme court, and delivered to the defendant as sheriff to be executed, on the 4th day of October, 1849, against one Lyman Bostwick; under which the defendant says he took the property and detained it until it was taken from his possession by the proceedings in the action.…
1Opinion of the CourtDenio, J.
The schedule annexed to the mortgage and referred to in it, was a part'of that instrument; and both papers áre to be construed together. (Roberts v. The Chenango Mut. Ins. Co., 3 Hill, 501; Hills v. Miller, 3 Paige, 254, 256, and cases cited; Cow. & Hill’s Notes, 1420, note 958.)
The inhibition to sell on credit contained in the writing at the foot of the schedule, by a necessary implication authorized. Bostwick to sell the goods for cash, and all the : circumstances connected with'the transaction, as well as the admission in the pleadings, show that the intention of 'the instrument was that…
2Cases cited5 opinions
- Hills v. MillerNew York Court of Chancery · 1831
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Wood v. LowryNew York Supreme Court · 1837
- Outwater v. DodgeNew York Supreme Court · 1827
- Rapelye v. MackieNew York Supreme Court · 1826
3Cited by44 opinions
- Benedict v. RatnerSupreme Court of the United States · 1925
- Skilton v. . CodingtonNew York Court of Appeals · 1906
- Coleman v. . BurrNew York Court of Appeals · 1883
- Blakeslee v. RossmanWisconsin Supreme Court · 1877
- Horton v. WilliamsSupreme Court of Minnesota · 1875
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