Mack v. . Phelan
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made the first Tuesday of May, 1882, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was originally brought by plaintiff against Patrick Butler, as surviving member of the firm of A. H. Hart & Co., to recover damages for the alleged conversion- of three machines used in the manufacture of flax.
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Appeal from a judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made the first Tuesday of May, 1882, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was originally brought by plaintiff against Patrick Butler, as surviving member of the firm of A. H. Hart & Co., to recover damages for the alleged conversion- of three machines used in the manufacture of flax. Butler having died during the pendency of the action, his administrator, the present defendant was substituted. Plaintiff claimed,…
1Opinion of the CourtAndrews, J.
The chattel mortgage from Crane to Hayward, included, among other articles, the three machines for the conversion of which this action is brought. They are described in the mortgage by numbers and by other descriptive particulars, and the mortgage stated that the property was then in the possession of the mortgagor, in the upper mill known as the tow mill, in Eotterdam. The mortgagor, when the mortgage was executed, resided in the town of Eotterdam, and the machinery mortgaged was then in his flax mills in that town. The mortgage was dated November 11, 1871, and was-filed on the same day in…
2Cases cited2 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
- Meech v. . PatchinNew York Court of Appeals · 1856
3Cited by7 opinions
- Lockhart v. Garden City Bank & Trust Co.Court of Appeals for the Second Circuit · 1940
- Isidore Cherno, Trustee-Appellant v. Dutch American Mercantile Corporation, Creditor-Appellee. In the Matter of Itemlab, Inc., BankruptCourt of Appeals for the Second Circuit · 1965
- Goodwin v. BayerleAppellate Terms of the Supreme Court of New York · 1896
- National Surety Co. v. Gotham Garage Co.Appellate Terms of the Supreme Court of New York · 1926
- Clark v. McDuffieNew York Supreme Court · 1892
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