Russell v. . Winne
New York Court of Appeals
Appeal from a judgment. This action was Brought By William F. Russell and his co-administrators of the goods and chattels of Jeremiah Russell, deceased, against Davis Winne, sheriff of Ulster county. The object of the action was to recover damages of the defendant for the alleged conversion By him of a quantity of stone.
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Appeal from a judgment. This action was Brought By William F. Russell and his co-administrators of the goods and chattels of Jeremiah Russell, deceased, against Davis Winne, sheriff of Ulster county. The object of the action was to recover damages of the defendant for the alleged conversion By him of a quantity of stone. The plaintiffs made title to the stone under a mortgage given to their intestate By one Woodward (who at the time owned the.same), to secure the payment of twelve hundred and thirty-one dollars and nineteen cents, then owing "by the latter to the former, payable on demand,…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The agreement given by the plaintiff's intestate to the defendant upon the postponement of the sale by the latter, was not an estoppel upon the plaintiff. It merely bound the intestate to take care of the property until the day of sale, and produce it at that time, and in the mean time not to interfere therewith by virtue of his mortgage. There was no agreement by the intestate to abandon his claim to the property or concession of the right of the sheriff…
2Cases cited5 opinions
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Gardner v. . McEwenNew York Court of Appeals · 1859
- Conkling v. . ShelleyNew York Court of Appeals · 1863
- Wood v. LowryNew York Supreme Court · 1837
- Miller v. . LockwoodNew York Court of Appeals · 1865
3Cited by44 opinions
- Benedict v. RatnerSupreme Court of the United States · 1925
- Southard v. . BennerNew York Court of Appeals · 1878
- Horton v. WilliamsSupreme Court of Minnesota · 1875
- Hangen v. . HachemeisterNew York Court of Appeals · 1889
- Wallach v. WylieSupreme Court of Kansas · 1882
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