Smith v. Post
New York Supreme Court
Appeal from a judgment entered upon the verdict of a jury at the Chemung circuit, and from an order upon the minutes denying a new trial. The action was brought by Jud Smith, as sheriff of Chemung county, against William E. Post, to recover personal property, which he had levied upon by virtue of an execution against one Thomas Merritt, and which had been sold after the levy was made under a chattel mortgage in favor of the defendant and one Catherine MeCutchen.
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Appeal from a judgment entered upon the verdict of a jury at the Chemung circuit, and from an order upon the minutes denying a new trial. The action was brought by Jud Smith, as sheriff of Chemung county, against William E. Post, to recover personal property, which he had levied upon by virtue of an execution against one Thomas Merritt, and which had been sold after the levy was made under a chattel mortgage in favor of the defendant and one Catherine MeCutchen. The mortgage was executed July 30, 1869, and delivered soon afterward. On the 5th of August the mortgage was filed, and the…
1Opinion of the CourtMiller, P. J.
The question whether there was an immediate
delivery and an actual and continued change of possession of the mortgaged property, was a question of fact, and properly submitted to the consideration of the jury upon the trial. There was proof to show that an actual formal possession was taken, and that the defendant assumed control, and gave directions concerning it, and exercised a general oversight over it. The question of fraud having been submitted to the jury, and they having found against the plaintiff, their verdict is conclusive on the point made. Butler v. Miller, 1 N. Y. 496. It may…
2Cases cited6 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Gardner v. . McEwenNew York Court of Appeals · 1859
- Russell v. . WinneNew York Court of Appeals · 1868
- Butler & Vosburgh v. MillerNew York Court of Appeals · 1848
- Goodwin v. KellyNew York Supreme Court · 1864
1 more not listed; retrieve them via the Exa API.