Shelton v. Westervelt
The Superior Court of New York City
This action was brought to recover for the conversion, by the defendant, of a steam-engine and boilers. The plaintiff claimed under a mortgage execute'd to him by Sheldon & Duncan, on the 3d of Hay, 1849', to secure the payment of three promissory notes made by them, each dated April 1, 1849, and payable to the plaintiff, or order, one year after its date, two of them being for the sum of $535 each, and the other for the sum of $636. The mortgage was duly filed on the 4th of…
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This action was brought to recover for the conversion, by the defendant, of a steam-engine and boilers. The plaintiff claimed under a mortgage execute'd to him by Sheldon & Duncan, on the 3d of Hay, 1849', to secure the payment of three promissory notes made by them, each dated April 1, 1849, and payable to the plaintiff, or order, one year after its date, two of them being for the sum of $535 each, and the other for the sum of $636. The mortgage was duly filed on the 4th of Hay, 1849, and was given for a good consideration, and was given and taken in good faith, and without any intent to…
1Opinion of the CourtBy the Court. Bosworth, J.
The jury have found that the engine was not levied upon before the return day of the execution. After the return day it was substituted for the old engine which had been regularly levied upon. This substitution was made in pursuance of a previous agreement between the deputy sheriff who had made the levy, and the defendants in the execution. The consideration of the agreement for the substitution by the execution debtors, was the relinquishment by the sheriff of the old engine from the levy made upon it. If the sheriff can justify the sale of the new engine, it must be on the ground that this…
2Cases cited3 opinions
- Burrall v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Bank of Orange County v. WakemanNew York Supreme Court · 1823
- Colton v. CampNew York Supreme Court · 1828
3Cited by2 opinions
- Bond v. WilletNew York Court of Appeals · 1864
- Ross v. CampbellNew York Supreme Court · 1880