Porter v. Parmly
The Superior Court of New York City
Appeal from judgment entered upon the report of a referee. The action was brought by Giles W. Porter against the defendant for the wrongful seizure and sale of personal property, the alleged property of said Porter. The defendant interposed a general denial. During the pendency of the action, Giles W. Porter died, and the action was continued by and in the name of Mary C. Porter, acting executrix of the last will and testament of said Giles W. Porter, as plaintiff.
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Appeal from judgment entered upon the report of a referee. The action was brought by Giles W. Porter against the defendant for the wrongful seizure and sale of personal property, the alleged property of said Porter. The defendant interposed a general denial. During the pendency of the action, Giles W. Porter died, and the action was continued by and in the name of Mary C. Porter, acting executrix of the last will and testament of said Giles W. Porter, as plaintiff. The issues were referred, by consent of parties, to a referee to hear and determine the same, who found the following facts and…
1Opinion of the Court
By the Court.—Freedman, J.
Although the evidence in this case is amply sufficient to sustain the findings of fact made by the learned referee who tried the cause, I cannot see how, upon the facts as found, his conclusions of law, with the exception of the sixth, seventh, and tenth, and the judgment founded thereon, can be upheld.
In Stoddard v. Denison, 2 Sweeny, 54, we held that a mortgage of personal chattels is a sale on condition. *407Under it the legal title to the chattel is vested in the mortgagee, subject to the right of the mortgagor to perform the condition. Until default there is no…
2Cases cited11 opinions
- Charter v. StevensNew York Supreme Court · 1846
- Ely v. . CarnleyNew York Court of Appeals · 1859
- Goulet v. . AsselerNew York Court of Appeals · 1860
- Manning v. . MonaghanNew York Court of Appeals · 1861
- Hull v. . CarnleyNew York Court of Appeals · 1858
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