Tweedie v. Clark
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Alexander Tweedie, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Delaware on the 9 th day of February, 1906, upon the decision of the court, rendered after a trial at the Delaware Trial Term, the jury having been discharged. This action is in replevin to recover a horse. One David H. Hammond and Maggie Hammond, his wife, occupied the plaintiff’s farm as tenants.
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Appeal by the plaintiff, Alexander Tweedie, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Delaware on the 9 th day of February, 1906, upon the decision of the court, rendered after a trial at the Delaware Trial Term, the jury having been discharged. This action is in replevin to recover a horse. One David H. Hammond and Maggie Hammond, his wife, occupied the plaintiff’s farm as tenants. They had in their possession certain personal property of the plaintiff’s, including a team of horses. These horses they were authorized to…
1Opinion of the Court
Smith, J.:
The' first question to be determined is as to the rights of the parties under the paper executed between David II. Hammond and Hall & Clark upon June 6, 1901. That paper was executed coteinporaneously with the purchase of the horse and must be deemed to be the entire contract between the parties. The purchase price of, an article sold may be secured in either of two ways : First, by a ¡ conditional sale through which the title is reserved in the vendor 1 until the purchase price is paid; secondly, by a chattel mortgage given back by the purchaser. While the object to be accomplished…
2Cited by8 opinions
- Schnitzer v. Fruehauf Trailer Co.Appellate Division of the Supreme Court of the State of New York · 1954
- Nordone v. F. C. Austin Drainage Excavator Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Bartholomew v. BartonNew York Supreme Court · 1923
- Gaul v. Goldburg Furniture & Carpet Co.Appellate Terms of the Supreme Court of New York · 1914
- Sheeley v. Holmes Music Co.Appellate Division of the Supreme Court of the State of New York · 1919
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