Porter v. Parmley
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of New York, reversing a judgment in favor of plaintiff entered upon the report of a referee, and directing a new trial. This was an action of trespass. On the 1st day of June, 1850, defendant sold to John F. Porter the furniture in Rathbun’s hotel, in the city of New York, taking the bond of Porter for the amount of the purchase-money, payable on demand, secured by a mortgage upon the furniture.
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Appeal from order of the General Term of the Superior Court of the city of New York, reversing a judgment in favor of plaintiff entered upon the report of a referee, and directing a new trial. This was an action of trespass. On the 1st day of June, 1850, defendant sold to John F. Porter the furniture in Rathbun’s hotel, in the city of New York, taking the bond of Porter for the amount of the purchase-money, payable on demand, secured by a mortgage upon the furniture. Upon the day of its execution, and also in April, 1851, demand was made for payment of the bond. The mortgage was duly filed on…
1Opinion of the CourtPeckham, J.
By the terms of the mortgage it became due on demand; and a demand was made of payment fourteen days before it was filed, viz., June 15, 1850. A demand was again made in the month of April, 1851. It was provided that the mortgagor should remain in possession of the property mortgaged until default in payment.
The mortgage was not renewed by refiling within the year. It was refiled some days after the year from its original filing expired. After the year expired, and before the mortgage was refiled, the mortgaged property was seized and sold under an execution against the mortgagor.
After the…
2Cases cited5 opinions
- Ely v. . CarnleyNew York Court of Appeals · 1859
- Bullis v. . MontgomeryNew York Court of Appeals · 1872
- Manning v. . MonaghanNew York Court of Appeals · 1863
- West v. . CraryNew York Court of Appeals · 1872
- Farmers' Bank v. CowanNew York Court of Appeals · 1865