Abbott v. Chaffee

This is an action of trover brought by plaintiff as assignee of a chattel mortgage executed by one Elijah D. Kitchen to Francis M. Dodge for the 'sum of $400. Kitchen was insolvent, and made a general assignment to defendant, Chaffee, for the benefit of his creditors. Defendant took possession of the mortgaged goods, and disposed of them prior to the commencement of suit. The defense was that the mortgage was fraudulent as to *257the creditors of Kitchen. The court directed a verdict for plaintiff, for the reason that defendant’s bond had not been executed and approved, as required by law. The…