Tremaine v. . Mortimer
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made December 10, 1890, which affirmed a judgment in favor of defendant, entered upon an order vacating a verdict in favor of plaintiff and directed a dismissal of the complaint on the merits.
Read the full summary
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made December 10, 1890, which affirmed a judgment in favor of defendant, entered upon an order vacating a verdict in favor of plaintiff and directed a dismissal of the complaint on the merits. Upon the trial the court directed a verdict in favor of plaintiff upon consent of the parties, reserving the right to set aside the verdict and to dismiss the complaint upon a motion to be made for that purpose, which was made and granted. This action was brought to recover damages for the…
1Opinion of the CourtEarl, J.
The plaintiff’s title depends upon the validity of the levy and sale by virtue of the executions issued upon the judgments recovered against E. P. Sewell. His contention is that the levy and sale were valid, although the executions were issued after Chase, the mortgagee, had for default taken actual possession of the mortgaged property, and after the mortgagor had executed a valid general assignment for the benefit of his creditors. He claims that the mortgages were void as to the creditors of the mortgagor, because they were not refiled as required by the statute, and, therefore, that the…
2Cases cited4 opinions
- Wheeler v. . LawsonNew York Court of Appeals · 1886
- Porter v. . ParmleyNew York Court of Appeals · 1873
- Leadbetter v. N. H. LeadbetterNew York Court of Appeals · 1891
- Hamill v. . GillespieNew York Court of Appeals · 1872
3Cited by33 opinions
- Stephens v. . PerrineNew York Court of Appeals · 1894
- In re New York Economical Printing Co.Court of Appeals for the Second Circuit · 1901
- Citizens State Bank v. O'LearyTexas Supreme Court · 1942
- Petersen v. The LamingtonDistrict Court, E.D. New York · 1898
- Bowdish v. . PageNew York Court of Appeals · 1897
28 more not listed; retrieve them via the Exa API.