Conkey v. Hart
New York Court of Appeals
Replevin commenced in April, 1848, to recover for the alleged wrongful detention of horses and other personal property. On the trial before Justice Pratt at the Monroe county circuit the plaintiff read in evidence a chattel mortgage dated the 17th of March, 1848, executed by one Warded to the plaintiffs to secure the payment of $200 and interest, the one-half to be paid in six months and the balance in a year from its date.
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Replevin commenced in April, 1848, to recover for the alleged wrongful detention of horses and other personal property. On the trial before Justice Pratt at the Monroe county circuit the plaintiff read in evidence a chattel mortgage dated the 17th of March, 1848, executed by one Warded to the plaintiffs to secure the payment of $200 and interest, the one-half to be paid in six months and the balance in a year from its date. The mortgage was duly filed on the 19th of March, 1848. It conveyed the property in question to the plaintiffs, and contained a condition tnat it should be void upon…
1Opinion of the CourtA. S. Johnson, J.
The chattels which the plaintiffs have replevied were mortgaged to them by Wardell, the owner, on the 17th March, 1848, to secure the payment of $200 with interest, one-half in six months from the date and the residue in one year. The mortgage contained a provision that until default in payment Wardell was to remain and continue in the quiet and peaceable possession of the property mortgaged and the full and free enjoyment of the same, unless he or some other person or persons should attempt to sell, assign, secrete, remove or otherwise dispose of the said goods and chattels in any way…
2Cases cited4 opinions
- Mason v. HaileSupreme Court of the United States · 1827
- Stocking v. HuntNew York Supreme Court · 1846
- Guild v. RogersNew York Supreme Court · 1850
- Handy v. Chatfield & HardawayNew York Supreme Court · 1840
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