Smith & Hoe v. Acker
Court for the Trial of Impeachments and Correction of Errors
Smith and Hoe brought an action of replevin in the New-York common pleas against Acker, the sheriff of the city and county of New-York, for taking an imperial printing press, alleged to be the property of [ *654 ] the plaintiffs, from a *printirig office occupied by Jared W. Bell. The press was taken by a deputy of the defendant on the 20 th of January, 1838, by virtue of an execution against Bell.
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Smith and Hoe brought an action of replevin in the New-York common pleas against Acker, the sheriff of the city and county of New-York, for taking an imperial printing press, alleged to be the property of [ *654 ] the plaintiffs, from a *printirig office occupied by Jared W. Bell. The press was taken by a deputy of the defendant on the 20 th of January, 1838, by virtue of an execution against Bell. The press in question, together with other presses, printing materials and household furniture, was mortgaged by Bell to Smith and Hoe on the 26th of March, 1837, to secure the payment of $10,000.…
1Opinion of the Court
After advisement, opinions were delivered:
By the Chancellor.
(The chancellor was of opinion, that under the circumstances of this ease, the judgment of the supreme court ought to be affirmed. The reporter regrets that he has not been able to obtain a copy of the opinion for publication.)
By Senator Edwards.
It appears to me this case is a proper one for this court to give a construction to the statute relative to mortgages of personal property. The 5th section, 2 R. S. 136, declares, that “ Every sale made by a vendor of goods and chattels in his possession or under his control, and every…
2Cases cited4 opinions
- Wood v. LowryNew York Supreme Court · 1837
- Beekman v. BondNew York Supreme Court · 1838
- Stoddard v. ButlerNew York Supreme Court · 1838
- Stoddard v. ButlerNew York Supreme Court · 1838
3Cited by74 opinions
- Benedict v. RatnerSupreme Court of the United States · 1925
- Gardner v. . McEwenNew York Court of Appeals · 1859
- Otis v. SillNew York Supreme Court · 1849
- Edgell v. . HartNew York Court of Appeals · 1853
- Russell v. . WinneNew York Court of Appeals · 1868
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