Legal Opinion

Sisson v. . Hibbard

New York Court of Appeals

Decided January 21, 1879PublishedCited by 34 opinions

Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of defendants, entered upon the report of a referee. (Reported below, 10 Hun, 420.) This action was brought to recover damages for the alleged unlawful removal from lauds of one William J. Townsend and conversion of an engine and boiler. The facts appear sufficiently in the opinion.

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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of defendants, entered upon the report of a referee. (Reported below, 10 Hun, 420.) This action was brought to recover damages for the alleged unlawful removal from lauds of one William J. Townsend and conversion of an engine and boiler. The facts appear sufficiently in the opinion. The chattel mortgage was inoperative and void as against the purchaser of the real estate at the sheriff’s sale. (Ford v. Cobb, 20 N. Y., 344; Voorhees v. McGinnis, 48 id., 278; Fryatt v.…

1Opinion of the CourtRapallo, J.

The engine and boiler in controversy were sold by Lamberton & Macks to Hibbard in 1869 for the purpose, understood at the time by both parties, of being put up and used by Hibbard in a cheaply constructed building, inclosed with boards, situate on land owned by Hibbard, wherein was machinery for the manufacturing of staves and heading. This building was used for no other purpose and of little value without the machinery. The purchase-price of the engine and boiler were secured by a chattel mortgage containing the usual stipulation that upon default in the stipulated payments the mortgagees…

2Cases cited1 opinion

  1. Ford v. . CobbNew York Court of Appeals · 1859

3Cited by34 opinions

  1. Binkley v. ForknerIndiana Supreme Court · 1889
  2. Davis v. . BlissNew York Court of Appeals · 1907
  3. Manwaring v. JenisonMichigan Supreme Court · 1886
  4. Landigan v. MayerOregon Supreme Court · 1898
  5. Arlington Mill & Elevator Co. v. YatesNebraska Supreme Court · 1898

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