Townsend v. . Bargy
New York Court of Appeals
This was an action to recover possession of personal property. The property claimed was taken from defendant and delivered to plaintiff.
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This was an action to recover possession of personal property. The property claimed was taken from defendant and delivered to plaintiff. The referee found, in substance, that on the 11th of May, 1870, plaintiff executed and delivered to defendant his note, by which he promised to pay defendant sixty days after date, $100, in hemlock shingles, at four dollars per thousand, and, as collateral security, executed and delivered to defendant a chattel mortgage, upon the property in question. The mortgage contained the usual clause authorizing the mort-gagee to take possession at any time when he…
1Opinion of the Court
Earl, C.,
reads for reversal and new trial, unless defendant will modify the judgment so the same will award him for the value of the property, in case return cannot be had, the sum of $31.52; in which case, judgment affirmed, as modified
All concur.
Judgment accordingly.
2Cited by7 opinions
- First National Bank of Toledo v. ShawNew York Court of Appeals · 1874
- Arter v. JacobsAppellate Division of the Supreme Court of the State of New York · 1929
- Sturman v. PolitoRochester City Court · 1936
- Brockway Motor Truck Corp. v. SelzerAppellate Division of the Supreme Court of the State of New York · 1932
- Duffus v. SchwingerNew York Supreme Court · 1894
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