Duffus v. Schwinger
New York Supreme Court
Appeal from circuit court, Onondaga county. Action by William Duffus against Christoph Schwinger and oth'ers. From a judgment entered on a verdict rendered at circuit in favor of plaintiff, and from an order at special term denying a motion for a new trial made on a case and exceptions (27 N. Y. iSupp. 949), defendants appeal.
1Opinion of the CourtMerwin, J.
This action was commenced on the 25th November, 1890. It is alleged in the complaint that prior to October, 1890, the plaintiff was the owner of three mortgages upon the boat in question, upon each of which default had been made, by reason whereof *931the plaintiff was the owner of the property, and had the right to sell the same to make the amount of the mortgages. The mortgages are set out in full. It was also alleged that one Baxter had a prior claim for repairs, upon which, on the 14th October, 1890, a suit was commenced and the boat taken into the possession of the United States marshal;…
2Cases cited3 opinions
- Howard v. NortonNew York Supreme Court · 1873
- Marvin v. . WilberNew York Court of Appeals · 1873
- Townsend v. . BargyNew York Court of Appeals · 1874
3Cited by2 opinions
- Farm & Cattle Loan Co. v. FaulknerWyoming Supreme Court · 1926
- Gilroy v. Everson Hickok Co.Appellate Division of the Supreme Court of the State of New York · 1905