Thomas v. Scutt
New York Supreme Court
Appeal from judgment on report of referee. Action by John Thomas and Van Burén Thomas against Milo Seutt, to recover for lumber, timber, scantling, and boards.
Read the full summary
Appeal from judgment on report of referee. Action by John Thomas and Van Burén Thomas against Milo Seutt, to recover for lumber, timber, scantling, and boards. The answer, among other things, sets up “ that all the lumber had by the defendant qf the plaintiffs was had under and by virtue of an agreement which the plaintiffs had failed to fulfill on their part, and that by virtue of the terms of the agreement the defendant is not liable to account for the same;” also certain counter-claims are set up. In the spring of 1884 plaintiffs were the owners of a raft of lumber called the “Peas Eddy…
1Opinion of the CourtHardin, P. J.
1. After the plaintiffs had given evidence of the cash payments made upon the chattel mortgage, and read the bill of sale in evidence, they took the position that the defendant’s .chattel mortgage had been paid, and that the defendant had no title to or interest in the lumber mentioned in the complaint; that, having taken and converted the same to his use, he was indebted to the plaintiffs therefor. To controvert this position the defendant insisted upon the trial that the bill of sale was executed and delivered as a collateral security, or that the same was a conditional sale. The defendant…
2Cases cited4 opinions
- Eighmie v. . TaylorNew York Court of Appeals · 1885
- Shaw v. . Republic Life Ins. Co.New York Court of Appeals · 1877
- Renard v. . SampsonNew York Court of Appeals · 1855
- Long v. . Millerton Iron CompanyNew York Court of Appeals · 1886
3Cited by2 opinions
- Hutzler v. RichterAppellate Division of the Supreme Court of the State of New York · 1897
- Skenandoa Cotton Co. v. LeffertsNew York Supreme Court · 1891