Ball v. Slafter
New York Supreme Court
Motion by the plaintiff for a new trial on exceptions, ordered to be heard in first instance at the General Term, after a nonsuit at the circuit.
1Opinion of the Court
Rumsey, J. •.
The court having ordered a nonsuit, it was not regular to direct the exceptions to be heard in the first instance at General Term. (Seely v. N. Y. C. and H. R. R. R. Co., 25 Hun, 280.) Rut as no objection is made to it we will consider the case.
The action is for the conversion of personal property. The plaintiff claims under a chattel mortgage dated November 7, 1878, but executed November 29, 1878. The mortgage was retained by the mortgagee and was not filed until March 19, 1879, at eleven o’clock in the morning.
The mortgage contains this clause, “ this mortgage is given with the…
2Cases cited4 opinions
- Southard v. . BennerNew York Court of Appeals · 1878
- Kelly v. . RobertsNew York Court of Appeals · 1869
- Ford v. . WilliamsNew York Court of Appeals · 1862
- Wagner v. JonesNew York Court of Common Pleas · 1878