Griswold v. Sheldon
New York Court of Appeals
Trover in the supreme court, brought by Griswold against Sheldon and Payne, for a quantity of dry goods, groceries, &c. The plaintiff and one Burdick were respectively country merchants, at Whitehall. On the 31st of May, 1847, Burdick hired the plaintiff’s store for three years, and purchased the plaintiff’s stock of goods then in the store, for the sum of about $3000, to secure which he gave back a chattel mortgage on the same goods and on his own stock of goods.
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Trover in the supreme court, brought by Griswold against Sheldon and Payne, for a quantity of dry goods, groceries, &c. The plaintiff and one Burdick were respectively country merchants, at Whitehall. On the 31st of May, 1847, Burdick hired the plaintiff’s store for three years, and purchased the plaintiff’s stock of goods then in the store, for the sum of about $3000, to secure which he gave back a chattel mortgage on the same goods and on his own stock of goods. The mortgage was written in an account book containing an inventory of all the goods covered by it, and containing also sundry…
1Opinion of the Court
Bronson, Ch. J.
The county court judgment is void for the reason assigned at the circuit, that it is for an amount exceeding the jurisdiction of the court as prescribed by the judiciary act of May, 1847. (Stat. of 1847, p. 328, § 30.) And I think it open to the further objection that the statute conferring original jurisdiction on the county court in common law actions is unconstitutional and void. (Const, art. 6, § 14; art. 14, § 58.) Although two of the learned judges in one branch of the supreme court, whose opinions are entitled to the highest respect, have arrived at a different…
2Cases cited3 opinions
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