Parshall v. . Eggert
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the eighth judicial district, entered upon an order denying plaintiffs’ motion for a new trial and directing judgment dismissing the complaint. This was an action brought to recover the possession of a quantity of mill-feed.
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Appeal from judgment of the General Term of the Supreme Court in the eighth judicial district, entered upon an order denying plaintiffs’ motion for a new trial and directing judgment dismissing the complaint. This was an action brought to recover the possession of a quantity of mill-feed. The defendant justified the taking under an attachment issued and directed to him, as sheriff of Erie county, in an action wherein George Hunter was plaintiff, and John Boche was defendant; and alleges that on the 3d of January, 1867, he attached the property in question as the property of the said John…
1Opinion of the Court
Johnson, C.
If the instrument under which the plaintiffs claimed were a chattel mortgage, it would be void as against the right of Hunter, the creditor, whom the. defendant, the sheriff, represents, inasmuch as the instrument had not been filed when the debt of Hunter was created. For this position the case of Thompson v. Van Vechten (27 N. Y., 581), is a direct authority. It was there held that the time when the creditor became such, fixed the rights of the parties. That a mortgage not then filed was void as to him, although he should not then be in a position at once to attack its validity.…
2Cases cited4 opinions
- Thompson v. . Van VechtenNew York Court of Appeals · 1863
- Kimberly v. . PatchinNew York Court of Appeals · 1859
- Langdon v. BuelNew York Supreme Court · 1832
- Brownell v. HawkinsNew York Supreme Court · 1848
3Cited by69 opinions
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- Sexton v. Kessler & Co.Supreme Court of the United States · 1912
- St. Lucie County Bank & Trust Co. v. AylinSupreme Court of Florida · 1927
- Union Trust Co. of Maryland v. TownshendCourt of Appeals for the Fourth Circuit · 1939
- Burrowes v. NimocksCourt of Appeals for the Fourth Circuit · 1929
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