Deeley v. Dwight
New York Court of Common Pleas
. Exceptions from trial term. Action by Robert F. Deeley and Thomas F. Deeley against John Dwight and others to recover dam ages for the conversion of certain machinery which plaintiffs claimed by virtue of a chattel mortgage executed to them by one Gandolfo in February, 1884. The defendant John Dwight claimed the machinery as purchaser from Gandolfo, and, as the plaintiffs’ mortgage was not filed as required by statute, the defendants insist that it is void as against John…
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. Exceptions from trial term. Action by Robert F. Deeley and Thomas F. Deeley against John Dwight and others to recover dam ages for the conversion of certain machinery which plaintiffs claimed by virtue of a chattel mortgage executed to them by one Gandolfo in February, 1884. The defendant John Dwight claimed the machinery as purchaser from Gandolfo, and, as the plaintiffs’ mortgage was not filed as required by statute, the defendants insist that it is void as against John Dwight as a purchaser in good faith, and also claim that the plaintiffs are estopped from asserting their rights under…
1Dissent
Daly, J.,
(dissenting.) It is substantially shown by evidence that about September, 1883, one Gandolfo agreed to furnish the defendant John Dwight certain specified machinery at the estimated cost of $5,660. This machinery was intended for Dwight’s factory, and was to be put up and started running in connection with other machinery at an additional experise, which ultimately approached $7,000. Between October 23d and December 12th, Dwight paid Gandolfo in full for the specified machinery, although it had not then been delivered, Gandolfo representing at first that it was in process of…
2Cases cited8 opinions
- Weaver v. . BardenNew York Court of Appeals · 1872
- Barnard v. . CampbellNew York Court of Appeals · 1874
- Barnard v. . CampbellNew York Court of Appeals · 1874
- Dows v. . KidderNew York Court of Appeals · 1881
- Dusenbury v. . HulbertNew York Court of Appeals · 1875
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