Carow v. Kelly
New York Supreme Court
THIS action was brought by the plaintiff as mortgagee of a lathe and other chattels, against the defendant as sheriff, for unlawfully taking and detaining the same. The articles in question were in the possession of the plaintiff as mortgagee, and were taken and sold by the defendant under executions on judgments against the mortgagors. For this taking the action was brought. The defendant justified his taking under the executions and judgment.
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THIS action was brought by the plaintiff as mortgagee of a lathe and other chattels, against the defendant as sheriff, for unlawfully taking and detaining the same. The articles in question were in the possession of the plaintiff as mortgagee, and were taken and sold by the defendant under executions on judgments against the mortgagors. For this taking the action was brought. The defendant justified his taking under the executions and judgment. The issues were tried before Mullin, J., and a jury. The question on the trial was as to the validity of the plaintiff’s chattel mortgage.. The…
1Opinion of the Court
By the Court, Cardozo, J.
This case was reserved, on the argument, merely upon the point whether the judge erred in holding that the mortgage, under which the plaintiff" claimed, could be avoided for usury, by a judgment and execution creditor. The precise point was held in conformity with the ruling below, in Dix v. Van Wyck, (2 Hill, 522,) and that case was recognized and cited as law by the Court of Appeals in the recent case of Mason v. Lord, (40 N. Y. 488.) I think it unnecessary, therefore, to review the authorities relied upon by the appellant’s counsel. They do not conflict with the…
2Cases cited1 opinion
- Thompson v. . Van VechtenNew York Court of Appeals · 1863
3Cited by7 opinions
- American Rubber Co. v. WilsonMissouri Court of Appeals · 1894
- Stein v. SwensenSupreme Court of Minnesota · 1890
- In re WilliamsDistrict Court, E.D. Michigan · 1876
- Commonwealth Trailer Sales, Inc. v. BradtNebraska Supreme Court · 1958
- Dickson v. ValentineThe Superior Court of the City of New York and Buffalo · 1889
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