Brown v. Platt
The Superior Court of New York City
The questions of law arising on the trial of this case were ordered to be heard in the first instance at General Term. This action was by Martin Brown and Caleb K. Colby against George W. Platt and Hathan 0. Platt. It was tried on the 12th of March, 1860, before Chief Justice Boswoeth and a Jury.
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The questions of law arising on the trial of this case were ordered to be heard in the first instance at General Term. This action was by Martin Brown and Caleb K. Colby against George W. Platt and Hathan 0. Platt. It was tried on the 12th of March, 1860, before Chief Justice Boswoeth and a Jury. The plaintiffs sued the defendants for converting certain chattels of the plaintiffs, valued at $1,934.31. The defendants’ answer denied the conversion, the ownership by the plaintiffs, and the alleged value; and set up the seizure of the goods on July 16, 1858, by the sheriff of Hew York, under an…
1Opinion of the Court
By the Court—Woodruff, J.
The goods, for the taking and conversion whereof this action is brought, were mortgaged to the plaintiffs by a mortgage duly executed, acknowledged and recorded in Iowa, where the property was situated at the time the mortgage was made. The mortgage to the plaintiffs was, by the terms of the other mortgages, severally, made a first mortgage, the others being in terms declared to be subject thereto. Although the correspondence between the mortgagor, (Gleason,) and the defendants would indicate that the mortgagor represented and, probably, believed the mortgages to…
2Cases cited1 opinion
- Williston v. JonesThe Superior Court of New York City · 1857
3Cited by6 opinions
- Cameron, Hull & Co. v. MarvinSupreme Court of Kansas · 1881
- Marsh v. WadeWashington Supreme Court · 1889
- Bowdish v. PageNew York Supreme Court · 1894
- Miller v. JonesU.S. Circuit Court for the District of New Jersey · 1876
- Mandeville v. AveryNew York Supreme Court · 1890
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