Keller v. . Paine
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made October 7, 1884, which affirmed a judgment in favor of plaintiffs, entered upon the report of a referee. (Reported below, 34 Hun, 167.) The nature of the action and the material facts are stated in the opinion. The instrument purporting to convey title from Fink to the plaintiffs was a chattel mortgage. (Kilburn v. Low, 25 Hun, 61; 12 N. Y. Week.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made October 7, 1884, which affirmed a judgment in favor of plaintiffs, entered upon the report of a referee. (Reported below, 34 Hun, 167.) The nature of the action and the material facts are stated in the opinion. The instrument purporting to convey title from Fink to the plaintiffs was a chattel mortgage. (Kilburn v. Low, 25 Hun, 61; 12 N. Y. Week. Dig. 556; Smith v. Beatie, 31 N. Y. 542.) It was void by the laws of Flew York as against the plaintiffs in this attachment…
1Opinion of the CourtRapallo, J.
This was an action for damages for the conversion of a canal boat. The defendant, as sheriff of Herkimer county, levied upon the boat as the property of George P. Fink, at Ilion, on the 25th of March, 1881, and afterwards sold the boat on execution, and this action was brought for such levy and sale. The defendant justified under an attachment issued against Fink as a non-resident debtor, at the suit of Kerr Bros. & Co., creditors residing in Pennsylvania, and under an execution issued in the same action. The regularity of the attachment and the proceedings thereunder as against Fink was…
2Cases cited3 opinions
- Warner v. . JaffrayNew York Court of Appeals · 1884
- Guillander v. . HowellNew York Court of Appeals · 1866
- The Sally MageeSupreme Court of the United States · 1866
3Cited by14 opinions
- Studebaker Bros. v. MauWyoming Supreme Court · 1905
- Dearing v. . McKinnon Dash Hardware Co.New York Court of Appeals · 1900
- Blue v. Herkimer Nat. BankCourt of Appeals for the Second Circuit · 1929
- Klinger v. HymanCourt of Appeals for the Second Circuit · 1915
- New York Trust Co. v. Island Oil & Transport Co.Court of Appeals for the Second Circuit · 1929
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