Hawver v. . Bell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 2, 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict and also affirmed an order denying a motion for a new trial. The action was originally brought against Calvin H. Bell; he having died during its pendency, the executors of his will were substituted as defendants.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 2, 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict and also affirmed an order denying a motion for a new trial. The action was originally brought against Calvin H. Bell; he having died during its pendency, the executors of his will were substituted as defendants. The nature of the action and the facts, so far as material, are stated in the opinion. There is no evidence of the value of' the property in the case xxpon which the verdict can…
1Opinion of the CourtEarl, J.
The present defendants have been substituted in the place of their testator, against whom the action was originally commenced.
The action was brought to recover the value of certain personal property taken and sold by the testator, among which was an engine, thresher and cleaner. The testator took and sold the property, claiming the right to do so by virtue of a chattel mortgage. The plaintiff claimed that there had been no default in the mortgage, and that the note to secure which it was°given was usurious and void. Upon the question of usury there was conflicting evidence. The testator…
2Cited by25 opinions
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