Lyman v. Bowe
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the dismissal of a complaint, and from the order dismissing the complaint.
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Appeal from a judgment of this court entered upon the dismissal of a complaint, and from the order dismissing the complaint. The complaint alleged that the defendant, at the time mentioned, was the sheriff of the county of New York; that the plaintiffs, on or about the 6th day of March, 1882, were the owners of certain chattels, being the fixtures of a liquor store kept at No. 96 Monroe Street, in the city of New York; which goods were more particularly described, and enumerated in the chattel mortgages and schedules thereof, annexed, and to which plaintiffs prayed leave to refer as a part of…
1Opinion of the CourtBeach, J.
The chattel mortgages were conditioned for the payment of certain moneys on demand. No demand had been made on the mortgagors, and the respondent levied upon the property while in their possession. The interest of mortgagors having a right to redeem, and a right to the possession of the mortgaged property for a definite period, has been many times adjudicated to be subject to levy and sale on execution (Mattison v. Baucus, 1 N. Y. 295; Hall v. Samson, 19 How. Pr. 481; Barrett v. Hildreth, 38 Barb. 178).
The question presented by this appeal is whether or not the admitted possession by the…
2Cases cited7 opinions
- Hall v. . SampsonNew York Court of Appeals · 1866
- Hathaway v. . BraymanNew York Court of Appeals · 1870
- Mattison v. . BaucusNew York Court of Appeals · 1848
- Farrell v. HildrethNew York Supreme Court · 1862
- Hall v. SamsonNew York Supreme Court · 1859
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