Susman v. . Whyard
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made at the May term, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict in the Rockland County Court, and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made at the May term, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict in the Rockland County Court, and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The paper under which plaintiff claims his title was in law a chattel mortgage, and not an absolute sale of the property therein described, for the reason that it was given solely to secure a loan, and,…
1Opinion of the CourtHaight, J.
This action was for the claim and delivery of personal property. The title of the plaintiff is founded upon a written instrument bearing date the 28th day of October, 1890, executed by William W. Whyard to the plaintiff, which is in form an absolute bill of sale of the property in controversy, but which concludes as follows: “ And it is further understood and agreed by the parties hereto that if the said party of the first part pay unto the party of the second part the sum of four hundred dollars within from the date hereof, the party of the second part agrees and will re-sell the property…
2Cases cited12 opinions
- Parshall v. . EggertNew York Court of Appeals · 1873
- Brown v. Bement & StrongNew York Supreme Court · 1811
- Button v. . Rathbone, Sard Co.New York Court of Appeals · 1891
- Pond v. . HarwoodNew York Court of Appeals · 1893
- Bragelman v. . DaueNew York Court of Appeals · 1877
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re James, Inc.Court of Appeals for the Second Circuit · 1929
- Williams v. ChadwickSupreme Court of Connecticut · 1901
- Gandy v. . CollinsNew York Court of Appeals · 1915
- Canandaigua National Bank & Trust Co. v. Commercial Credit Corp.Appellate Division of the Supreme Court of the State of New York · 1954
- Sheldon v. . McFeeNew York Court of Appeals · 1916
3 more not listed; retrieve them via the Exa API.