Allen v. Cowan
New York Supreme Court
APPEAL from a judgment entered at a special term, denying a motion made by the plaintiff to set aside a nonsuit and for a new trial. The action was brought to recover the possession of certain articles of household furniture, which the plaintiff claimed to own, by virtue 'of a gift thereof from one Bryan J. Lawrence, who had bid the same off at a sale under a chattel mortgage executed by the defendant Jacob Allen, to his daughter, Mary N. Allen.
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APPEAL from a judgment entered at a special term, denying a motion made by the plaintiff to set aside a nonsuit and for a new trial. The action was brought to recover the possession of certain articles of household furniture, which the plaintiff claimed to own, by virtue 'of a gift thereof from one Bryan J. Lawrence, who had bid the same off at a sale under a chattel mortgage executed by the defendant Jacob Allen, to his daughter, Mary N. Allen. The defendant Cowan justified the taking of the property, as sheriff of the county of Washington, by virtue of an execution against J acob Allen,…
1Opinion of the Court
By the Court, Rosekrans, J.
On the 15th of December, 1855, the defendant Jacob Allen, who is the husband of the plaintiff, executed to his daughter, Mary E. Allen, a chattel mortgage upon all his household furniture, except such as was exempt from sale under execution, conditioned to pay $680.25, *101(which the mortgage stated was due from the mortgagor to the mortgagee, for money lent by her to her father,) with interest, on the 15th March, 1856. The mortgage was duly filed, but the property remained in the possession of the mortgagor. On the 20th of March, 1856, the property was sold under the…
2Cases cited6 opinions
- Schemerhorn v. VanderheydenNew York Supreme Court · 1806
- Otis v. SillNew York Supreme Court · 1849
- Grout v. TownsendNew York Supreme Court · 1845
- Tifft v. BartonNew York Supreme Court · 1847
- Noble v. SmithNew York Supreme Court · 1806
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3Cited by7 opinions
- Milburn v. PhillipsIndiana Supreme Court · 1893
- Cooper v. BurrNew York Supreme Court · 1865
- Koster v. MerrittSupreme Court of Connecticut · 1864
- Valley Distilling Co. v. AtkinsSupreme Court of Arkansas · 1887
- Armitage v. MaceThe Superior Court of New York City · 1882
2 more not listed; retrieve them via the Exa API.