Ferguson v. Union Furnace Co.
New York Supreme Court
Error from the Herkimer common pleas. The Union Furnace Company sued Ferguson in an action of trover for a yoke of oxen, alleged to have been purchased by them of Moses Clark and Michael Nichols. Clark and Nichols bought the oxen of Ferguson in March, 1829, and gave him two notes for 25 cords of wood each, one payable the 15th July, and the other the 15th September, 1829. One Orimel Starks signed the notes as surety for Clark and Nichols.
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Error from the Herkimer common pleas. The Union Furnace Company sued Ferguson in an action of trover for a yoke of oxen, alleged to have been purchased by them of Moses Clark and Michael Nichols. Clark and Nichols bought the oxen of Ferguson in March, 1829, and gave him two notes for 25 cords of wood each, one payable the 15th July, and the other the 15th September, 1829. One Orimel Starks signed the notes as surety for Clark and Nichols. When the cattle were delivered to the purchasers, they delivered them to Starks in security for the responsibility he had assumed, declaring the terms of…
1Opinion of the Court
*346 By the Court,
Nelson, J.
The mortgage to Starks, to indemnify him as surety for the payment of the purchase money, was legal and valid, and the plaintiff in error obtained a perfect title to the oxen on the re-sale in September, 1829. The continuance of the possession and the use of the oxen by Clark and Nichols were not, under the circumstances of the case, fraudulent in law, and there is no pretence of fraud in fact. Without discussing a point which has been the subject of frequent examination in this court, I will merely refer to the cases in 3 Cowen, 486, 4 id. 461, 2 Wendell, 446 & 596,…
2Cases cited2 opinions
- Jennings v. Carter & WilcoxNew York Supreme Court · 1829
- Hall v. TuttleNew York Supreme Court · 1832
3Cited by9 opinions
- Fairly v. Wappoo MillsSupreme Court of South Carolina · 1895
- Crews v. HarlanTexas Supreme Court · 1905
- Steffens v. EarlSupreme Court of New Jersey · 1878
- Chicago Title & Trust Co. v. SmythSupreme Court of Iowa · 1895
- Bardwell v. RobertsNew York Supreme Court · 1873
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