Bordwell v. . Collie
New York Court of Appeals
Appeal from the judgment of the late General Term of the Supreme Court, in the eighth judicial district, affirming the judgment upon a verdict at the Erie Circuit in favor of the plaintiff. (Reported below, in 1 Bans., 141.) In Hovember, 1866, Charles Eichter was the owner of a horse, upon which, together with other personal property, he gave a mortgage to one Sonnick, which was duly filed. Subsequently, Sonnick assigned the mortgage to one Stillwagen.
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Appeal from the judgment of the late General Term of the Supreme Court, in the eighth judicial district, affirming the judgment upon a verdict at the Erie Circuit in favor of the plaintiff. (Reported below, in 1 Bans., 141.) In Hovember, 1866, Charles Eichter was the owner of a horse, upon which, together with other personal property, he gave a mortgage to one Sonnick, which was duly filed. Subsequently, Sonnick assigned the mortgage to one Stillwagen. In 1867, Richter sold the horse to the defendant, he to one Douglass, he to the plaintiff and the plaintiff to one Smith. While the horse was…
1Opinion of the CourtG-rover, J.
The ground on which the motion for a non-
suit was made, was that the validity of the lien of the chattel mortgage upon the horse had not been established by judicial proceedings. If this was necessary, the judge erred in not granting the motion, as the evidence was that the vendee of the plaintiff gave up the horse to -the assignee of the mortgage when demanded, upon being satisfied that the lien was valid against the title acquired by the purchaser. While the latter retained possession of the horse under the title acquired by his purchase from the plaintiff, he had no cause of action for the…
2Cases cited1 opinion
- Sweetman v. . PrinceNew York Court of Appeals · 1863
3Cited by19 opinions
- Davis v. Van Camp Packing Co.Supreme Court of Iowa · 1920
- Ledwich v. . McKimNew York Court of Appeals · 1873
- Nelson v. Armour Packing Co.Supreme Court of Arkansas · 1905
- Delta Oxygen Co. v. ScottSupreme Court of Arkansas · 1964
- O'Brien v. . JonesNew York Court of Appeals · 1883
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