Spies v. Boyd
New York Court of Common Pleas
This was an appeal by the defendants, from a judgment for §500, entered against them, under the direction of a single judge at special term, upon the verdict of a jury. The questions determined at the general term, arose upon the denial, by the presiding judge at the trial, of a motion for nonsuit, and upon exceptions to his charge. The facts are fully set forth in the opinion.
1Opinion of the CourtBy the Court. Daly, J.
The plaintiffs brought this action to recover the value of the stock and fixtures of a drug store, taken upon an execution under a judgment obtained by the defendants, against one Neumeister. The plaintiffs claimed the property by virtue of a mortgage executed by Neumeister to one Moring, and which had been assigned by Moring to the plaintiffs. The mortgage was executed by Neumeister, on the 20th of November, 1849, and was given to secure the payment of a promissory note made by *446Neumeister, for $2,200, bearing even date with the mortgage, and payable to the order of Moring, six months after…
2Cases cited5 opinions
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Doane v. EddyNew York Supreme Court · 1837
- Beekman v. BondNew York Supreme Court · 1838
- Cole & Thurman v. WhiteNew York Supreme Court · 1841
- Randall v. CookNew York Supreme Court · 1837