Goodrich v. Bowe
New York Marine Court
This was an action against the sheriff for a false return. Plaintiff proved a judgment for $162 in March, 1880, against one Schilberg, assignment to himself, execution to defendant, possession by Schilberg of a drug store, the property in which was worth about $1,000, the use of which for a year $300. Defendant proved a chattel mortgage made by Schilberg to one Welker in March, 1880, to secure $600, payable September 1,1881, the mortgagor to have possession of the property…
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This was an action against the sheriff for a false return. Plaintiff proved a judgment for $162 in March, 1880, against one Schilberg, assignment to himself, execution to defendant, possession by Schilberg of a drug store, the property in which was worth about $1,000, the use of which for a year $300. Defendant proved a chattel mortgage made by Schilberg to one Welker in March, 1880, to secure $600, payable September 1,1881, the mortgagor to have possession of the property till then ; claim by Welker under said mortgage, a verdict of sheriff’s jury finding title to the property in Welker, a…
1Opinion of the CourtAdam, J.
My conclusions upon the legal propositions involved are as follows:
1. That the assignment to the plaintiff carried with it the cause of action for which the suit is brought (Bowdoin v. Colman, 6 Duer, 182 ; Gallardi v. Orser, 4 Bos. 107; Thomas v. Hubbell, 35 N. Y. 120; Wehle v. Spellman, 75 Id. 585; Parmlee v. Dann, 23 Barb. 461).
2. That the mortgage having eighteen months to run before the title of the mortgagee became absolute, the mortgagor had a leviable interest in the mortgaged property, which the sheriff ought to have sold to satisfy the execution in his hands (Hull v. Carnley, 11 N.…
2Cases cited5 opinions
- Stief v. . HartNew York Court of Appeals · 1847
- Hull v. . CarnleyNew York Court of Appeals · 1854
- Parmelee v. DannNew York Supreme Court · 1856
- Thomas v. . HubbellNew York Court of Appeals · 1866
- Bowdoin v. ColemanThe Superior Court of New York City · 1856