Chadwick v. Lamb
New York Supreme Court
OB the last of December, 1855, or the fore part of January, .1856, Charles Chadwick desired to borrow about $300; and for that purpose he executed a mortgage on personal ■property in Harpersfield, Delaware county, for the payment of $300, with interest, to Sheldon A. Givens, one month from the date of the mortgage.
Read the full summary
OB the last of December, 1855, or the fore part of January, .1856, Charles Chadwick desired to borrow about $300; and for that purpose he executed a mortgage on personal ■property in Harpersfield, Delaware county, for the payment of $300, with interest, to Sheldon A. Givens, one month from the date of the mortgage. An arrangement was made, when Givens took this mortgage, between him and Chadwick, that Givens should, as the friend of Chadwick, sell and assign the mortgage to the defendant for $265 or $270, as a valid security for $300, if he (Givens) could do so, by concealing from the…
1Opinion of the Court
By the Court, Balcom, J.
The action was not prematurely brought; and the judge properly refused to charge the jury that the plaintiff could not recover, because his mortgage was not due at the time the action was commenced. This court decided, at the October term, 1846, at Bochester, in Balcom v. Clarke and Johnson, (MS. opinion, per Beardsley, J.) that where personal property, which is mortgaged, has been wrongfully converted, an' action to recover its value may be maintained by the mortgagee prior to the time the mortgage becomes due, if there is a clause in the mortgage which authorizes the…
2Cases cited3 opinions
- Charter v. StevensNew York Supreme Court · 1846
- Russell v. ButterfieldNew York Supreme Court · 1839
- Spoor v. Holland & HarlowNew York Supreme Court · 1832
3Cited by9 opinions
- Davis v. . BlissNew York Court of Appeals · 1907
- Tyler v. AmesNew York Supreme Court · 1872
- Kitchen v. SchusterNew Mexico Supreme Court · 1907
- Sanger v. SlaydenCourt of Appeals of Texas · 1894
- Huggans v. FryerNew York Supreme Court · 1869
4 more not listed; retrieve them via the Exa API.