Legal Opinion

Gardner v. . McEwen

New York Court of Appeals

Decided March 5, 1859PublishedCited by 51 opinions

1Opinion of the Court 1

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The mortgage was not fraudulent upon its face. It was of all the property of a particular description in a certain store; and that was sufficiently definite as to the property on hand. So far as it professed to convey property which Collins should afterwards purchase and put into the store, it was inoperative; and the court so charged. But the circumstance that Collins attempted to mortgage property which he did not then possess, did not render invalid the…

Also in this document: Opinion of the Court · Allen.

2Cases cited2 opinions

  1. Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
  2. Van Heusen Charles v. . RadcliffNew York Court of Appeals · 1858

3Cited by51 opinions

  1. Southard v. . BennerNew York Court of Appeals · 1878
  2. Skilton v. . CodingtonNew York Court of Appeals · 1906
  3. Zartman v. First National BankNew York Court of Appeals · 1907
  4. Rochester Distilling Co. v. RaseyNew York Court of Appeals · 1894
  5. McCaffrey v. . WoodinNew York Court of Appeals · 1875

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