Beebe v. Hutton
New York Supreme Court
EXCEPTIONS ordered to be heard, in the first instance, at the general term. The action was tried before Justice Miller and a jury, at the Schoharie circuit, in October, 1865. The complaint was for taking and converting a mare and colt, 24 head of horned cattle, and 54 sheep.
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EXCEPTIONS ordered to be heard, in the first instance, at the general term. The action was tried before Justice Miller and a jury, at the Schoharie circuit, in October, 1865. The complaint was for taking and converting a mare and colt, 24 head of horned cattle, and 54 sheep. The answer justified the taking and sale of the property, under a chattel mortgage, executed by the plaintiff to Philip Pruyn, (under whom the defendant acted,) and bearing date the 2d day of November, 1864. On the trial the plaintiff was allowed to prove, as a measure of damages, the advance in value of the cattle at any…
1Opinion of the CourtHogeboom, J.
The defendant justified the taking of the plaintiff's property under a chattel mortgage which, in a certain contingency, conferred the authority to do so. This mortgage was dated the 2d day of. November, 1864; for although the date is not given, in the case, it is in the pleadings, and we may assume, as no objection of discrepancy was made, that they corresponded. This mortgage having been duly proven, was offered in evidence, and rejected on account of its having a defective stamp. To this decision the defendant excepted. The defendant then offered to prove that the insufficiency of the…
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