Hinman v. Judson
New York Supreme Court
Motion by the defendant for a new trial. The action was trover, by a mortgagee of personal property, against the mortgagor, for the conversion of the mortgaged property. The facts are stated in the opinion of the court.
1Opinion of the Court
By the Court, Shankland, J.
This case was submitted upon written points at May term, 1852, and has been held under advisement until the present term, on account of an important principle supposed to be involved in its decision, -in respect of the measure of damages which a mortgagee is entitled to, in an action of trover against the mortgagor, or one claiming title from him, where the' property converted is of greater value than the amount due upon the mortgage; viz. whether the damages are limited to the amount due upon the mortgage, and interest, or the full value of the property, although…
2Cases cited4 opinions
- Charter v. StevensNew York Supreme Court · 1846
- Patchin v. PierceNew York Supreme Court · 1834
- BaileyCourt for the Trial of Impeachments and Correction of Errors · 1831
- Randall v. CookNew York Supreme Court · 1837
3Cited by16 opinions
- Flanders v. ChamberlainMichigan Supreme Court · 1872
- Stoddard v. DenisonThe Superior Court of New York City · 1869
- Everett v. BuchananSupreme Court Of The Territory Of Dakota · 1880
- Blodgett v. BlodgettSupreme Court of Vermont · 1875
- Rosierz v. Van DamSupreme Court of Iowa · 1864
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