Moore v. Prentiss Tool & Supply Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order made July 2, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This was an action of conversion. The facts, so far as material, are stated in the opinion. Plaintiff was not in a position to maintain conversion. (Thomas on Chat.
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Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order made July 2, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This was an action of conversion. The facts, so far as material, are stated in the opinion. Plaintiff was not in a position to maintain conversion. (Thomas on Chat. Mort. § 176 ; Ring v. Neale, 114 Mass. 111; Clapp v. Glidded, 39 Me. 448 ; O. Co. v. Price, 87 N. Y. 547.) There was not sufficient evidence to render the defendant liable…
1Opinion of the Court
Earl, Oh. J.
On the 21st day of September, 1889, the Yonkers Brass Works, owning certain personal property, executed a chattel mortgage thereon to Leonidas C. Jewett, to secure the payment of the sum of $1,200, in twelve months from its date. On October twenty-eight thereafter, it' executed another chattel mortgage on the same property to the plaintiff to secure the payment of $2,350, in thirty days from that date. Both mortgages contained a provision that the mortgagor should remain in possession of the chattels until default in payment. Both are conceded to be valid and to have been properly…
2Cases cited4 opinions
- Avery v. N. Y. C. & H. R. RailroadNew York Court of Appeals · 1887
- Leadbetter v. N. H. LeadbetterNew York Court of Appeals · 1891
- Ring v. NealeMassachusetts Supreme Judicial Court · 1873
- Treat v. GilmoreSupreme Judicial Court of Maine · 1860
3Cited by10 opinions
- United States v. Henry W. Matthews and Nettie Matthews, Doing Business Under the Firm Name and Style of Yuba Livestock Auction CompanyCourt of Appeals for the Ninth Circuit · 1957
- Kimball v. Farmers & Mechanics' National BankNew York Court of Appeals · 1893
- Citizens National Bank v. Osborne-McMillan Elevator Co.North Dakota Supreme Court · 1911
- Delaney v. ValentineNew York Supreme Court · 1894
- Levy v. HornAppellate Terms of the Supreme Court of New York · 1915
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