Marsh v. Lawrence
New York Supreme Court
Error from the C. P. of Onondaga, where the cause came by appeal from a Justice’s Court, by which judgment was rendered against Marsh for $30. The action below was trover by Edmund Lawrence against Marsh for a horse.
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Error from the C. P. of Onondaga, where the cause came by appeal from a Justice’s Court, by which judgment was rendered against Marsh for $30. The action below was trover by Edmund Lawrence against Marsh for a horse. The cause was tried in the C. P. in August, 1822, when the jury found a special verdict, that in the term of November, 1818, in the C. P. of Onondaga, one Hutchinson recovered a judgment of $1010, the penalty of a judgment bond, and costs, against M. Curtis and Joab Lawrence, which was docketed December 11th, 1818 ; that a Ji. fa. issued thereon, and was delivered to Bronson, a…
1Opinion of the Court
Curia, per
Woodworth, J.
(After stating the case.) The specification filed with the justice was substantially a compliance with the statute, (sess. 41, ch. 94, s. 7.)
The bill of sale must be considered in the nature of a mortgage, and the possession of Curtis consistent with it. It provides that the articles conveyed should be at the disposal of Joab Lawrence, that he should have the right to turn them out to be sold on the execution of Hutchinson, or dispose of them at private sale. Lawrence, then, had the right of taking possession at any time when he should think proper. Curtis had no right…
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