Frost v. . Warren
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the eight district, affirming an order of the Special Term denying a new trial. Michael' Greiner gave a chattel mortgage to the plaintiff, who was his father-in-law, to secure, as therein expressed, an indebtedness of §1,825.57, which mortgage was upon all the-goods in a store, consisting of “ a general grocery stock.”
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Appeal from an order of the General Term of the Supreme Court in the eight district, affirming an order of the Special Term denying a new trial. Michael' Greiner gave a chattel mortgage to the plaintiff, who was his father-in-law, to secure, as therein expressed, an indebtedness of §1,825.57, which mortgage was upon all the-goods in a store, consisting of “ a general grocery stock.” It contained • a provision that, in case the mortgagee should at any time deem himself unsafe, it should be lawful for him to take possession of and sell the property “.for the payment of the said debt,” and was…
1Opinion of the CourtFoster, J.
There aré only two questions in the case, arising oh thé charge of the judge, and his refusal tó direct a verdict, although the counsel for the defendant raises the point that thé judgment should bé reversed, because thé court charged: “If the jury should find that Michael intended a fraud by giving the mortgage, still the mortgage was a valid instrument, unless the plaintiff was himself a party to the fráudulént intent.” In reference to this, it need only bé said, that there is ño éxception to it; and, of course, the question is not properly before us, and judging from the opinion delivered…
2Cited by23 opinions
- Davis v. SchwartzSupreme Court of the United States · 1895
- Benedict v. RatnerSupreme Court of the United States · 1925
- Southard v. . BennerNew York Court of Appeals · 1878
- Marsden v. . CornellNew York Court of Appeals · 1875
- Lee v. State Bank & Trust Co.Court of Appeals for the Second Circuit · 1930
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