Butler v. Miller
Court for the Trial of Impeachments and Correction of Errors
Trover for a number of horses, cattle and hogs, and a quantity of farming utensils and growing crops, tried at the Columbia circuit in September, 1843, before Cushman, late C. Judge. The plaintiffs gave in evidence a chattel mortgage executed to them by one Abraham B. Yanderpoel, dated April 19th, 1842, which had been duly filed in the proper town . clerk’s office.
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Trover for a number of horses, cattle and hogs, and a quantity of farming utensils and growing crops, tried at the Columbia circuit in September, 1843, before Cushman, late C. Judge. The plaintiffs gave in evidence a chattel mortgage executed to them by one Abraham B. Yanderpoel, dated April 19th, 1842, which had been duly filed in the proper town . clerk’s office. The instrument recited . that Yanderpoel was indebted to. the plaintiffs in the sum of $498,72, with interest from the 6th day of April then instant, for the amount of three several promissory notes made by Yanderpoel and then held…
1Opinion of the Court
By the Court, Jewett, J.
The first question to be considered - is, whether the chattel mortgage executed by Yanderpoel to the plaintiffs remained an existing valid conveyance of the title, by way of mortgage, to the property in question, after the recovery of the judgment on the seventh of May upon a bond executed for the same, and another debt due to a third person, not secured by *410the mortgage, or was extinguished by the judgment, execution and levy made thereon 1 There can be no doubt but that, as a general rule, where a creditor accepts from his debtor a higher security than he before had,…
2Cases cited2 opinions
- Andrews v. SmithNew York Supreme Court · 1832
- Baker v. FreemanNew York Supreme Court · 1832
3Cited by12 opinions
- Howard v. . SextonNew York Court of Appeals · 1850
- Butler & Vosburgh v. MillerNew York Court of Appeals · 1848
- Tannahill v. TuttleMichigan Supreme Court · 1854
- Witz, Biedler & Co. v. FiteSupreme Court of Virginia · 1895
- Gray v. NoonanArizona Supreme Court · 1898
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