Swift v. Hart
New York Supreme Court
This was an action of replevin in the cepit for a piano forte. The plea was non cepit, &c. The cause was tried at the Monroe circuit in October, 1848, before Welles, justice.
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This was an action of replevin in the cepit for a piano forte. The plea was non cepit, &c. The cause was tried at the Monroe circuit in October, 1848, before Welles, justice. On the trial, the plaintiff produced in evidence a chattel mortgage, executed by Josiah Snow to John Disbrow, bearing date September 17,1846, by which Snow mortgaged to Disbrow the piano in question, together with various other articles of personal property : conditioned that the mortgagor should pay the mortgagee, on demand, the sum of $350, and should also save the mortgagee harmless from all liability or loss by…
1Opinion of the CourtWelles, P. J.
The first question in this case, is whether replevin in the- cepit will lie, provided there is no other objection to the plaintiff’s recovery. The chattel mortgage is dated September 17th, 1846. It is conditioned to pay Disbrow, the mortgagee, $350, and to save him harmless from all liability or loss by reason of his becoming surety for Snow, the mortgagor, on a certain lease of a house, which the latter occupied, for $281,25. Disbrow testified that on the 1st day of October, 1846, he paid one quarter’s rent on the lease, upon which he was surety, and on the 22d day of January, 1847, he gave…
2Cases cited2 opinions
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Burdick v. McVannerNew York Supreme Court · 1846
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- Newell v. WarnerNew York Supreme Court · 1865
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- Rheinfeldt v. DahlmanAppellate Terms of the Supreme Court of New York · 1897
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