Newell v. . Warren
New York Court of Appeals
Appeal from an order of-the General Term of the Supreme Court in the seventh district, granting a new trial upon exceptions there heard in the first instance. • The action was brought for the delivery of personal property, on which the plaintiff had a chattel mortgage, executed by William H. Cheney; the defendant, as sheriff of Monroe county, having seized it upon an execution against Cheney.
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Appeal from an order of-the General Term of the Supreme Court in the seventh district, granting a new trial upon exceptions there heard in the first instance. • The action was brought for the delivery of personal property, on which the plaintiff had a chattel mortgage, executed by William H. Cheney; the defendant, as sheriff of Monroe county, having seized it upon an execution against Cheney. William H. Cheney, a resident of Rochester, on the 16th day of December, 1857, executed to the plaintiff a chattel mortgage, which was filed in Monroe county clerk’s office February 23d, 1858, and was…
1Opinion of the Court
Hunt, C.
The defendant assails the verdict on two grounds:
1. It is alleged that, as the conveyance of the property excepted those" articles “ exempt from levy and sale under execution,” and as it was not specified what articles were thus, claimed to be exempt, the conveyance transferred nothing. This clause is usually found in general assignments, and has not been understood to .render them void. I do not, however, deem it a point in issue in the present case. The mortgage transferred, among other things, a piano. That could not be deemed “necessary household furniture,” and would certainly…
2Cases cited4 opinions
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Meech v. . PatchinNew York Court of Appeals · 1856
- Bissell v. HopkinsNew York Supreme Court · 1824
- Maynard v. Thompson & HuntleyNew York Supreme Court · 1832
3Cited by11 opinions
- Richardson v. ShelbySupreme Court of Oklahoma · 1895
- In re SteffensCourt of Appeals for the Second Circuit · 1929
- Porter v. ParmleyThe Superior Court of New York City · 1872
- Pickert v. Canal Boat IndependenceNew York District Court · 1878
- Bigelow v. DoyingNew York Supreme Court · 1891
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