Marsden v. Cornell
New York Supreme Court
Appeal from a judgment in favor of the defendants, entered upon a trial at the circuit. This action was brought to obtain possession of a canal boat, in which the plaintiff claimed a special property by virtue of a chattel mortgage, bearing date September 5,1870, executed to him by one Garvey, to secure a part of the price of building the boat.
Read the full summary
Appeal from a judgment in favor of the defendants, entered upon a trial at the circuit. This action was brought to obtain possession of a canal boat, in which the plaintiff claimed a special property by virtue of a chattel mortgage, bearing date September 5,1870, executed to him by one Garvey, to secure a part of the price of building the boat. Á copy of the mortgage was filed in the office of the canal auditor, at Albany, September 22, 1870. Subsequently the boat was sold to one Nelson, and, while he was the owner, it was injured while being towed by the defendant Cornell, on the 1st of…
1Opinion of the Court
Gilbert, J.:
We are of opinion that the appellant’s mortgage ceased to be valid as against the respondents, for ,the reason that the copy thereof which was filed in the office of the auditor of the canal department, September 20, 1871, was not accompanied by a statement exhibiting his interest in the mortgaged property, as required by section 3 of the statute relating to the registry of liens, etc., on canal boats, passed April 28, 1864.*
A copy of the mortgage was first filed September 14, 1870. Another copy, without any statement exhibiting the interest of the mortgagee, was filed September…
2Cases cited4 opinions
- Thompson v. . Van VechtenNew York Court of Appeals · 1863
- Newell v. WarnerNew York Supreme Court · 1865
- Beers v. WaterburyThe Superior Court of New York City · 1861
- Thompson v. Van VechtenThe Superior Court of New York City · 1857