Sexton v. . Breese
New York Court of Appeals
Appeal from judgment of the General Term of tlie Supreme Court in the fifth judicial department, entered upon an order made June 5, 1890, which denied a motion for a new trial and ordered judgment for defendant on a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of tlie Supreme Court in the fifth judicial department, entered upon an order made June 5, 1890, which denied a motion for a new trial and ordered judgment for defendant on a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff claims that the indisputable facts show him entitled to and actually in possession of the' wheat in question, adversely to defendant’s claim thereto, at the time when the latter wrongfully took same. (Sohler v. Singer, 44 Barb. 614; Winslow v. Mc Call, 32 id. 241; Shepard v.…
1Opinion of the CourtGray, J.
The action was in replevin for the purpose of recovering a crop of wheat which had been harvested from a farm, and the question presented relates to the respective rights thereto of the plaintiff, as mortgagee of the farm, and claiming to be in possession as such, and of the defendant, as the vendee of the growing crop, under a bill of sale from the owner and mortgagor. The mortgage was executed and delivered in 1815 to the plaintiff’s firm, as a collateral security for any liabilities which the mortgagor might thereafter incur, and was to become due, by its terms, one month after demand. In…
2Cases cited7 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
- Lane v. KingNew York Supreme Court · 1832
- Stewart v. DoughtyNew York Supreme Court · 1812
- Shepard v. PhilbrickNew York Supreme Court · 1846
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Simpson v. FergusonCalifornia Supreme Court · 1896
- Farmers Trust Co. v. PruddenSupreme Court of Minnesota · 1901
- Scott v. HotchkissCalifornia Supreme Court · 1896
- Wootton v. WhiteCourt of Appeals of Maryland · 1899
- In re Waterloo Organ Co.District Court, W.D. New York · 1902
10 more not listed; retrieve them via the Exa API.