Keller v. Paine
New York Supreme Court
Appeal from a judgment in favor of the plaintiffs, entered upon, tbe report of a referee. All the parties in interest are residents of the State of Pennsylvania, and the debts which they seek to enforce were contracted in that State by George P. Pink, a resident of that State. The defendant is the sheriff of Herkimer county and has been indemnified by the attaching creditors.
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Appeal from a judgment in favor of the plaintiffs, entered upon, tbe report of a referee. All the parties in interest are residents of the State of Pennsylvania, and the debts which they seek to enforce were contracted in that State by George P. Pink, a resident of that State. The defendant is the sheriff of Herkimer county and has been indemnified by the attaching creditors. Keller, one of the plaintiffs, built a canal boat which is the subject of this action, and August 31, 1880,sold it to George P.Fink, at Selin’s Grove, Pa., for $1,500, $550 of which was paid down and the remainder…
1Opinion of the Court
Follett, J.:
The good faith of the claims of these three creditors was not litigated upon the trial. The question litigated, aside from the question of damages, and upon which the decision was thought to turn, was, whether the conveyance was a. bill of sale or a chattel mortgage: The appellant insists that the referee failed to determine, as matter of fact, from the conveyance and from the evidence de hors the conveyance, whether the transaction was a sale or a mortgage. This criticism is just and is vital, if the plaintiffs are not entitled to recover as mortgagees.
The referee finds (sixth…
2Cases cited18 opinions
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
- Hamilton v. RussellSupreme Court of the United States · 1803
- Wright v. . DelafieldNew York Court of Appeals · 1862
- Sutphen v. CushmanIllinois Supreme Court · 1864
- Clark v. HenryCourt for the Trial of Impeachments and Correction of Errors · 1823
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