Hathaway v. . Brayman
New York Court of Appeals
Appeal from a judgment of the General Term, sixth district, affirming a judgment of the County Court, which reversed a-judgment in favor of the plaintiff’s intestate, rendered in a Justice’s Court. ' The action was for the alleged wrongful conversion of a mare. On the 24th of September, 1863, Lawrence Stevens and John Bush, who were the owners of the gray mare in question, mortgaged her, together with a black mare and buggy wagon, to Samuel Gr.
Read the full summary
Appeal from a judgment of the General Term, sixth district, affirming a judgment of the County Court, which reversed a-judgment in favor of the plaintiff’s intestate, rendered in a Justice’s Court. ' The action was for the alleged wrongful conversion of a mare. On the 24th of September, 1863, Lawrence Stevens and John Bush, who were the owners of the gray mare in question, mortgaged her, together with a black mare and buggy wagon, to Samuel Gr. Hathaway, to secure the payment of a note for $125, executed by them to him, and payable on the 1st day of November then next, with interest. The…
1Opinion of the CourtFoster, J.
The only case referred to by the appellant’s counsel which is in point, is that of Chadwick v. Lamb (29 Barbour, 518); and it was there decided, that an action to recover the value of. personal property wrongfully converted, may be maintained by the chattel mortgagee, although the money secured by the mortgage is not yet due, if there is a clause in the mortgage which authorizes the mortgagee, at any time he shall deem himself insecure, to take possession of the mortgaged property and sell it to satisfy the debt.
But that doctrine was expressly repudiated by this court in Hall v. Sampson (35…
2Cases cited4 opinions
- Hall v. . SampsonNew York Court of Appeals · 1866
- Hull v. . CarnleyNew York Court of Appeals · 1858
- Rich v. MilkNew York Supreme Court · 1855
- Allis v. WheelerNew York Court of Appeals · 1874
3Cited by27 opinions
- Lafayette County Bank v. MetcalfMissouri Court of Appeals · 1888
- Cone v. IvinsonWyoming Supreme Court · 1893
- National Bank of Commerce v. MorrisSupreme Court of Missouri · 1893
- Elmore v. Simon & Bro.Supreme Court of Alabama · 1880
- Brown v. James H. Campbell Co.Supreme Court of Kansas · 1890
22 more not listed; retrieve them via the Exa API.