Stoddard v. Denison
The Superior Court of New York City
Appeal from a judgment. This action was brought by Ann Stoddard against Charles Denison, to recover damages for wrongfully selling personal property under a chattel mortgage. The plaintiff, to secure the payment of a sum o'f money on demand, gave to the defendant a mortgage upon certain personal property, mentioned and described in a schedule thereto annexed.
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Appeal from a judgment. This action was brought by Ann Stoddard against Charles Denison, to recover damages for wrongfully selling personal property under a chattel mortgage. The plaintiff, to secure the payment of a sum o'f money on demand, gave to the defendant a mortgage upon certain personal property, mentioned and described in a schedule thereto annexed. It contained an agreement, on the part of the mortgagor, that in case of default in payment, it should be lawful, and the mortgagee was authorized and empowered to enter upon the premises ; to take away, and to sell, and dispose of the…
1Opinion of the Court
By the Court.*—Monell, J.
If this action can be *313sustained at all, I think there was sufficient evidence to go to the jury, upon the two principal questions of fact, namely, as to whether the sale was conducted in a manner calculated to' produce the best price, and as to the amount of damages.
In respect to tne property claimed not to have been covered by the mortgage, there is no doubt of the plaintiff’s right to recover. There was evidence to support the claim, and it was properly submitted to the jury.
Nor have I any doubt that the defendant, if otherwise liable, must be held responsible for…
2Cases cited7 opinions
- Woodcock v. BennetNew York Supreme Court · 1823
- Rogers v. Trader's InsuranceNew York Court of Chancery · 1837
- Hinman v. JudsonNew York Supreme Court · 1852
- Chamberlain v. MartinNew York Supreme Court · 1865
- Dane v. MalloryNew York Supreme Court · 1852
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3Cited by16 opinions
- Harrison v. HallNew York Court of Appeals · 1924
- Casserly v. . WitherbeeNew York Court of Appeals · 1890
- Cody v. First National BankAppellate Division of the Supreme Court of the State of New York · 1901
- Metzler v. JamesSupreme Court of Colorado · 1888
- Third National Bank of Malone v. ShieldsNew York Supreme Court · 1889
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