Campbell v. Birch
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order denying a motion for a new trial and directing a judgment in favor of defendant upon a verdict. This was an action to recover possession of certain personal property.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order denying a motion for a new trial and directing a judgment in favor of defendant upon a verdict. This was an action to recover possession of certain personal property. On the 4th January, 1867, Edward M. Hawkins executed to Catharine Hawkins a chattel mortgage upon the property, which recited an indebtedness of the mortgagor to the mortgagee in the sum of $1,000 for money borrowed, and was conditioned for the payment of that sum on the first July, then next, according to a…
1Opinion of the CourtAndrews, J.
It is claimed by the defendant that the assignment from Mrs. Hawkins to the plaintiff of the mortgage from Edward M. Hawkins, was a nullity, for the reason that the note of the mortgagor, given at the same time with the mortgage, and to secure the same debt, was not transferred with the mortgage to the plaintiff. The argument is that the debt and the security could not be separated, and that Mrs. Hawkins, by retaining the note, retained the debt, giving to the plaintiff only the incident, which could have n o existence apart from the debt it was given to secure. If it was essential to give…
2Cases cited4 opinions
- Charter v. StevensNew York Supreme Court · 1846
- Hill v. . BeebeNew York Court of Appeals · 1856
- Burdick v. McVannerNew York Supreme Court · 1846
- Bennett v. EarllNew York Supreme Court · 1839
3Cited by1 opinion
- Olcott v. . Tioga Railroad CompanyNew York Court of Appeals · 1863