Lewis v. . Palmer
New York Court of Appeals
Appeal from a judgment of the Supreme Court. The action was to recover, as damages, the value of certain property, (converted hy the defendants,) embraced in a chattel mortgage given by the firm of W. &' W. H. Lewis to one Amos Haynes, to secure a debt of $1300, for which debt the plaintiff had become the surety of such firm, and had been compelled hy legal proceedings to pay.
Read the full summary
Appeal from a judgment of the Supreme Court. The action was to recover, as damages, the value of certain property, (converted hy the defendants,) embraced in a chattel mortgage given by the firm of W. &' W. H. Lewis to one Amos Haynes, to secure a debt of $1300, for which debt the plaintiff had become the surety of such firm, and had been compelled hy legal proceedings to pay. The cause-was referred to S. P. Hash,.Esq. as referee, who found the following facts: On the 28 th of May, 1851, one Haynes loaned to the firm of W. & W. H. Lewis, manufacturers of daguerreotype apparatus in the city of…
1Opinion of the CourtWright, J.
On the facts found" hy the referee, (and we are to consider the case upon such finding,) the judgment is right. Haynes loaned to. the firm of W. & W. H. Lewis the sum of $1300, taking as security therefor a chattel mortgage on personal property in their store and factory; and also the plaintiff’s bond and mortgage covering real estate owned by him; which bond and mortgage, at the request of W. & W. H. Lewis and for their benefit, had been executed to them by the plaintiff, for the purpose of being assigned to Haynes; and which were, at the time the loan was made, and as a condition thereof on…
2Cases cited2 opinions
- Clason v. MorrisCourt for the Trial of Impeachments and Correction of Errors · 1812
- Wilkes v. HarperNew York Court of Chancery · 1847
3Cited by33 opinions
- Lockhart v. Garden City Bank & Trust Co.Court of Appeals for the Second Circuit · 1940
- Menorah Nursing Home, Inc. v. ZukovAppellate Division of the Supreme Court of the State of New York · 1989
- People v. . Metropolitan Surety Co.New York Court of Appeals · 1912
- Alberti v. MooreSupreme Court of Oklahoma · 1908
- Marsden v. . CornellNew York Court of Appeals · 1875
28 more not listed; retrieve them via the Exa API.