Clark v. McDuffie
New York Supreme Court
Appeal from Montgomery county court. Action by William Clark against Ellsworth McDuffie for- the conversion of certain personal property on which plaintiff claimed a mortgage lien. The amount of the mortgage was $275, and the value of the property as found by the jury was $418. From an order directing a judgment for plaintiff, and from an order denying a motion for a new trial, defendant appeals. Reversed.
1Opinion of the CourtHerrick, J.
The chattel mortgage was given on the 31st day of August or the 1st day of September, 1891. It was filed on the 5th day ■of September, 1891. A judgment was obtained against the mortgagor September 4, 1891, in the justice’s court. On the 7th an execution was issued against the property of the mortgagor. A levy was made on the mortgaged property September 9, and it was sold September 28, 1891, and the defendant became the purchaser at such sale. Before the property was sold the defendant was notified of the existence of the plaintiff’s mortgage upon the property, and the plaintiff’s agent…
2Cases cited4 opinions
- Gildersleeve v. . LandonNew York Court of Appeals · 1878
- Lewis v. . PalmerNew York Court of Appeals · 1863
- Best v. . StapleNew York Court of Appeals · 1874
- Mack v. . PhelanNew York Court of Appeals · 1883