Ely v. Ormsby
New York Supreme Court
This was an action to recover the value of a span of horses, attached by Ormsby as a 'constable, by virtue of attachments against Hiram Salisbury.
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This was an action to recover the value of a span of horses, attached by Ormsby as a 'constable, by virtue of attachments against Hiram Salisbury. The cause was tried at the October circuit of Onondaga county, 1850. Salisbury testified that on the 10th of May, 1850, the plaintiff had a personal mortgage against him of $500 for borrowed money, by which the horses were mortgaged; that the plaintiff wanted the money, and he, the witness, was going to sell the horses to raise it. The plaintiff bought the horses at the sum of $300, which amount was applied on the mortgage, though not indorsed, the…
1Opinion of the Court
By the Court,
Pratt, J.
The only question in this case is, whether the title to the horses passed to the plaintiff by what took place between him and Salisbury. The price of the horses, according to Salisbury’s testimony, was to be $300. Ho note or memorandum of the pretended sale was made at the time. Was the purchase money or any part of it paid, or was there any acceptance of the property by the purchaser within the requirements of the statute 1 I have not been able to find any evidence in the case that either of the acts made necessary by the statute to render a sale of property exceeding…
2Cited by19 opinions
- Pitney v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- United States Express Co. v. BedburyIllinois Supreme Court · 1864
- Norwegian Plow Co. v. HanthornWisconsin Supreme Court · 1888
- Bass v. WalshSupreme Court of Missouri · 1866
- Gorman v. BrossardMichigan Supreme Court · 1899
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