Nichols v. Mead
New York Supreme Court
The plaintiff sued' to recover possession of various articles of merchandise, alleging in his complaint that the same were of the value of $2,500, and- particularly mentioned' in the affidavit heretofore served- on the defendant, &c. He gave bonds and obtained possession.
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The plaintiff sued' to recover possession of various articles of merchandise, alleging in his complaint that the same were of the value of $2,500, and- particularly mentioned' in the affidavit heretofore served- on the defendant, &c. He gave bonds and obtained possession. The defendant pleaded a levy, as sheriff, on the. 25th- July, 1868, under' execution ■against' the- mortgagor,-upon judgment bearing date July 21, 1868, for $276.7-9, on a debt due before July 13, 1868.- Upon the trial plaintiff proved a- chattel mortgage, bearing date June-13; 1-868, executed, to him by one Green, being…
1Opinion of the Court
By the Court
— Johnson, P. J.
The action was to recovei possession of certain' goods and chattels which the plaintiff *225claimed as mortgagee of Frank B. Green. The defendant levied upon the property by virtue of an execution in his hands as sheriff of Cayuga county, issued upon a Judgment against Green in the Supreme Court in favor of certain creditors. At the time of the levy, the plaintiff was in posses siou of the property by virtue of his mortgage.
The plaintiff at the close of his evidence was nonsuited. The nonsuit was right if Green, the judgment debtor, had at the time of the levy, an…
2Cases cited1 opinion
- Bouchaud v. Dias & FurmanNew York Court of Appeals · 1848
3Cited by3 opinions
- National Cash-Register Co. v. ColemanNew York Supreme Court · 1895
- Betsinger v. SchuylerNew York Supreme Court · 1887
- Hills v. WhiteNew York Supreme Court · 1893