Butler & Vosburgh v. Miller
New York Court of Appeals
This was an action of trover brought in the supreme court oy Butler and Vosburgh against Miller, for a number of horses, cattle and hogs, and a quantity of farming utensils, and other property. The cause was first tried before Cushman, late circuit judge, at the Columbia circuit, in September, 1843, when a verdict was had for the plaintiffs, which was set aside by the supreme court and a new trial ordered.
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This was an action of trover brought in the supreme court oy Butler and Vosburgh against Miller, for a number of horses, cattle and hogs, and a quantity of farming utensils, and other property. The cause was first tried before Cushman, late circuit judge, at the Columbia circuit, in September, 1843, when a verdict was had for the plaintiffs, which was set aside by the supreme court and a new trial ordered. (See 1 Denio, 407.) A second trial was had before Parker, circuit judge, in March, 1846, and on that trial the case was as follows: The plaintiffs gave in evidence a chattel mortgage upon…
1Opinion of the CourtJohnson, J.
The question of the bonafides of the mortgage was properly submitted to the jury, and their verdict in favor of the honesty and fairness of the transaction is conclusive according to all the cases since Smith v. Acker, (23 Wend. 653.)
The circuit judge was requested to charge the jury that the subsequent judgment on the notes operated as a merger of the notes and consequently avoided the .mortgage. The judge, howéver, charged that the judgment did operate as a merger of the notes and mortgage unless it was satisfactorily shorvn that the judgment was taken as collateral to the mortgage, in…
2Cases cited2 opinions
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Butler v. MillerCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by18 opinions
- Everett v. BuchananSupreme Court Of The Territory Of Dakota · 1880
- Kimball v. Farmers & Mechanics' National BankNew York Court of Appeals · 1893
- People v. ScudderAppellate Division of the Supreme Court of the State of New York · 1917
- Everman v. HymanIndiana Court of Appeals · 1892
- Rheinfeldt v. DahlmanAppellate Terms of the Supreme Court of New York · 1897
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