Hull v. . Carnley
New York Court of Appeals
Appeal from the Superior Court. The plaintiff Hull brought his action against Carnley, sheriff of New-York, for levying upon and selling certain lithographic presses and stones.
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Appeal from the Superior Court. The plaintiff Hull brought his action against Carnley, sheriff of New-York, for levying upon and selling certain lithographic presses and stones. The plaintiff recovered a judgment, which, upon appeal, was reversed by this court, and a new trial ordered. {Hull v. Carnley, 1 Kern., 501.) A new trial was had March 27, 1855, and the plaintiff then proved that one Michelin, a lithographic printer, on the 14th of August, 1850, executed to the plaintiff a mortgage of the property in question, and that the mortgage was duly filed on the day succeeding its date. It was…
1Opinion of the CourtPratt, J.
The principal question in this case has already been decided by this court. (1 Kern., 501.) The court, on that occasion, held that goods mortgaged may be seized and the interest of the mortgagor sold upon execution against him, where the mortgage is not due, and the mortgagor is in possession of the goods at the time of such seizure and sale under a stipulation in the mortgage giving him the right to the possession. The court held that the officer is not liable either for the trespass in seizing the goods or for the conversion of them, although he sell them out and out, without recognizing…
2Cases cited1 opinion
- Fiero v. BettsNew York Supreme Court · 1848
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