Hathaway v. . Howell
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court, in the sixth judicial district, affirming a judgment in favor of defendant, entered on the report of a referee. This action was brought to recover the possession of a quantity of household furniture and other personal property, of the value of $10,000. The property, on the 26th of May, 1866, belonged to one Christopher Slater.
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Appeal from a judgment of the General Term of the Supreme Court, in the sixth judicial district, affirming a judgment in favor of defendant, entered on the report of a referee. This action was brought to recover the possession of a quantity of household furniture and other personal property, of the value of $10,000. The property, on the 26th of May, 1866, belonged to one Christopher Slater. The plaintiff makes title to it by virtue of a chattel mortgage, executed by Slater to the plaintiff, on that day, to secure the payment of a pre-existing debt of $12,000, due from Slater to him. On the…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] It is clear, from the facts found by the referee, that the judgments and executions under which the defendant claimed and exercised dominion over the property in question, when the plaintiff demanded it of him, did not become operative or of any legal effect until eight o'clock on the morning of the 28th of May, 1866. The filing of…
2Cases cited2 opinions
- Lambert v. PauldingNew York Supreme Court · 1820
- Bond v. WilletNew York Court of Appeals · 1864
3Cited by36 opinions
- Baker v. SmelserTexas Supreme Court · 1895
- Harmon v. Comstock Horse & Cattle Co.Montana Supreme Court · 1890
- In re NortonAppellate Division of the Supreme Court of the State of New York · 1898
- Walker v. . HenryNew York Court of Appeals · 1881
- In re NortonNew York Supreme Court · 1898
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