Otis v. Sill
New York Supreme Court
This was an action for taking and detaining personal property. It was commenced on the 28th of Nov. 1848, and tried at the Jefferson circuit in April, 1849, before Justice C. Gray. The defendant justified taking the property, as under sheriff, by virtue of two executions, issued on two judgments against James and Abel Whitcomb.
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This was an action for taking and detaining personal property. It was commenced on the 28th of Nov. 1848, and tried at the Jefferson circuit in April, 1849, before Justice C. Gray. The defendant justified taking the property, as under sheriff, by virtue of two executions, issued on two judgments against James and Abel Whitcomb. One judgment was docketed on the 29th day of May, 1848, and the other on the 23d of September, 1848. The plaintiff claimed title to the personal property in question, being a quantity of iron and steel and 43-|- dozen scythes, under a chattel mortgage dated October 18,…
1Opinion of the Court
By the Court, Paige, P. J.
The evidence shows a sufficient consideration for the mortgage. It was given to the plaintiff to secure him for his liabilities as indorser of the notes of James Whitcomb & Son. The possession by the plaintiff, of the indorsed notes, in connection with the testimony of James Whit-comb, was sufficient evidence that he had taken up and paid the notes. The case shows, therefore, that the mortgage was. given for a valuable consideration, for a true debt; and the charge of the justice in relation to the consideration of the mortgage must be regarded as unobjectionable. It…
2Cases cited5 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- In re HoweNew York Court of Chancery · 1828
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Buchan v. SumnerNew York Court of Chancery · 1847
- Fisher v. New-York Common PleasNew York Supreme Court · 1836
3Cited by48 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Hathaway v. . PayneNew York Court of Appeals · 1865
- Rochester Distilling Co. v. RaseyNew York Court of Appeals · 1894
- McCaffrey v. . WoodinNew York Court of Appeals · 1875
- Seymour & Brown v. Canandaigua & Niagara Falls Rail RoadNew York Supreme Court · 1857
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