Dodge v. Potter
New York Supreme Court
This action was for the wrongful taking and converting of a •four horse post coach; the plaintiff claiming title by virtue of a chattel mortgage executed by one L. Seymour, and the defendants justifying the taking and conversion under a judgment in favor of the defendant Potter against Seymour, the mortgagor.
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This action was for the wrongful taking and converting of a •four horse post coach; the plaintiff claiming title by virtue of a chattel mortgage executed by one L. Seymour, and the defendants justifying the taking and conversion under a judgment in favor of the defendant Potter against Seymour, the mortgagor. The defendant Allen, being sheriff of the county of Steuben, levied upon the property by virtue of an execution issued on the judgment, and sold it by the direction of Potter. The cause was tried at the Steuben circuit in May, 1853, before Justice Welles. Seymour was examined as a…
1Opinion of the Court
By the Court, T. R. Strong, J.
The evidence which was received, that the $600 note was one of the notes referred to in and secured by the chattel mortgage, was properly admitted. The mortgage recites an indebtedness of the mortgagor to the mortgagee in a certain sum, the amount of two promissory notes made by the mortgagor and indorsed by the mortgagee, which, the latter has taken up and paid, and for the indorsement of another note, and provides for the payment of that indebtedness. This note for $600 was not indorsed by the mortgagee, and the objection to the evidence was that it would tend…
2Cases cited6 opinions
- Fish v. Hubbard's AdministratorsNew York Supreme Court · 1839
- Bishop v. CookNew York Supreme Court · 1850
- Doe v. RoeNew York Supreme Court · 1828
- Dunning v. StearnsNew York Supreme Court · 1850
- Lessee of Atkinson v. CumminsSupreme Court of the United States · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Smith & Co. v. McLeanSupreme Court of Iowa · 1868
- Reinstein v. RobertsOregon Supreme Court · 1898
- Smith v. WaggonerWisconsin Supreme Court · 1880
- Goodman v. BaerlocherWisconsin Supreme Court · 1894
- Manton v. . Brooklyn Flatbush Realty Co.New York Court of Appeals · 1916
14 more not listed; retrieve them via the Exa API.