Burdick v. McVanner
New York Supreme Court
Error from the Oswego common pleas, to review a judgment of that court affirming a judgment rendered before a justice of the peace. The action in the justice’s court was trover for a cow brought by McYanner against Burdick, to which the defendant pleaded not guilty. The cause was tried by a jury.
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Error from the Oswego common pleas, to review a judgment of that court affirming a judgment rendered before a justice of the peace. The action in the justice’s court was trover for a cow brought by McYanner against Burdick, to which the defendant pleaded not guilty. The cause was tried by a jury. On the trial the defendant admitted the taking of the cow and that her value was $18. He then gave in evidence a chattel mortgage of the cow executed by the plaintiff to one John Parker, dated June Gth, 1843. It recited that the mortgagor owed Par-leer S3, to secure the payment of which he sold,…
1Opinion of the Court
By the Court, Beardsley, J.
By the mortgage to Parker, and the failure to pay according to its terms, the plaintiff lost all legal right to the cow, an absolute title to her, at Law, being vested in the mortgagee. (Fuller v. Acker, 1 Hill, 475; Smith *172v. Acker, 23 Wend. 667; Patchin v. Pierce, 12 id. 62; Case v. Boughton. 11 id. 109; Langdon v. Buel, 9 id. 83.) The assignment transferee! Parker’s title, which was then complete, to the defendant, who thereby became absolute owner, and as such might at any time take the cow from the possession of the plaintiff, whose only rights were those of a…
2Cases cited1 opinion
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
3Cited by22 opinions
- Hitchcock v. . the North Western Insurance CompanyNew York Court of Appeals · 1862
- Tannahill v. TuttleMichigan Supreme Court · 1854
- Swift v. HartNew York Supreme Court · 1850
- Campbell v. . BirchNew York Court of Appeals · 1875
- Fox v. BurnsNew York Supreme Court · 1852
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