Dearing v. . McKinnon Dash Hardware Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 4, 1898, which reversed a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial and granted a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 4, 1898, which reversed a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial and granted a new trial. This is an action of replevin brought by the plaintiff, as trustee for the creditors of a corporation organized under the laws of another state, to recover the possession of a quantity of buggies attached by a sheriff in this state. The defendants are the indemnitors of the sheriff and were substituted as parties in bis place…
1Opinion of the CourtVann, J.
According to the law of the state of Michigan, which was duly proved upon the trial, the instrument in question is a trust mortgage upon chattels, because the transfer was not absolute, but conditional, and passed neither title nor right to possession until after breach of the condition. (Cluett v. Rosenthal, 100 Mich. 193; Nat. Bank of Oshkosh v. First Nat. Bank of Ironwood, 100 Mich. 485 ; Austin v. First Nat. Bank of Kalamazoo, 100 Mich. 613 ; Warner v. Littlefield, 89 Mich. 329.) If the transfer had been absolute, with the right to take immediate possession, it would, under the laws of…
2Cases cited23 opinions
- Green v. Van BuskirkSupreme Court of the United States · 1869
- Crane v. . PowellNew York Court of Appeals · 1893
- Green v. Van BuskirkSupreme Court of the United States · 1867
- Warner v. . JaffrayNew York Court of Appeals · 1884
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
18 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Shapiro v. WilgusSupreme Court of the United States · 1932
- Meacham v. Jamestown, Franklin & Clearfield RailroadNew York Court of Appeals · 1914
- United States Mortgage & Trust Co. v. RugglesNew York Court of Appeals · 1932
- Turnbull v. ColeSupreme Court of Colorado · 1921
- RCA Corp. v. TuckerDistrict Court, E.D. New York · 1988
13 more not listed; retrieve them via the Exa API.