Earl v. Clute
New York Court of Appeals
James Earl sued Derrick Clute, Jr., in the supreme court, to recover the possession of a horse. The defendant set up that the plaintiff had given a chattel mortgage on the horse to one Van Hyning and others, who had assigned the mortgage to Thomas J. Clute.
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James Earl sued Derrick Clute, Jr., in the supreme court, to recover the possession of a horse. The defendant set up that the plaintiff had given a chattel mortgage on the horse to one Van Hyning and others, who had assigned the mortgage to Thomas J. Clute. That the plaintiff had failed to make the payments required by the mortgage, and that thereupon Thomas J. Clute, by virtue of a power contained in the mortgage, had taken possession of the horse and sold him to the defendant. On the trial, the plaintiff, to avoid the mortgage, adduced evidence to show that it had been made to secure the…
1Opinion of the Court
The súfreme court, at general term, affirmed the judgment, the following opinion being rendered:
By the Court.
Hogeboom, J.
The plaintiff offered to prove by William B. Harris, that one Fellows stated to Van Hyning (one of the mortgagees) before the assignment of the mortgage to Clute, that he had a mortgage upon the property in question, and asked Van Hyning if he did not know that the mortgage in question was given to settle and drop the criminal prosecution against James Emmett Earl; to which he replied he did. This evidence was objected to by defendant’s counsel as not competent in this…
2Cases cited10 opinions
- Tracy v. . TalmageNew York Court of Appeals · 1856
- Bush v. . LathropNew York Court of Appeals · 1860
- Gray v. . HookNew York Court of Appeals · 1851
- Perkins v. SavageNew York Supreme Court · 1836
- Kreiss v. SeligmanNew York Supreme Court · 1850
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3Cited by1 opinion
- Dodge v. Freedman's Savings & Trust Co.Supreme Court of the United States · 1876