Cook v. Bennett
New York Supreme Court
Appeal from circuit court, Onondaga county. Replevin by Christian Cook against Minor G-. Bennett and John Hamm, Jr., to recover the possession of a quantity of furniture, two bay horses, a set of double harness, one double sleigh, and one double wagon, which weremortgaged by one Matthias Theisen, which mortgage was dated May 1,1884. On May 1, 1882, and several years prior thereto, the plaintiff was engaged in thefurniture business at No. 71 South Salina street, Syracuse.
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Appeal from circuit court, Onondaga county. Replevin by Christian Cook against Minor G-. Bennett and John Hamm, Jr., to recover the possession of a quantity of furniture, two bay horses, a set of double harness, one double sleigh, and one double wagon, which weremortgaged by one Matthias Theisen, which mortgage was dated May 1,1884. On May 1, 1882, and several years prior thereto, the plaintiff was engaged in thefurniture business at No. 71 South Salina street, Syracuse. He negotiated a sale for $8,000 to Theisen, receiving in part payment $3,000 in cash, andan agreement that the balance was…
1Opinion of the CourtHardin, P. J.
If we were to assume that the plaintiff’s mortgage was valid, we might properly hold that this action could be maintained. Huggans v. Fryer, 1 Lans. 276; Merchants’, etc., Bank v. Farmers’, etc., Bank, 60 N. Y. 47. The proofs disclose sufficient occasion for the plaintiff to deem him-, self insecure, and to warrant him in exercising the privilege conferred by the “danger clause” found in the chattel mortgage. Whether the chattel mortgage in question was fraudulent or not was passed upon as a question of fact by the trial j udge. It was proper that such conclusion should be stated among the…
2Cases cited18 opinions
- Southard v. . BennerNew York Court of Appeals · 1878
- Robinson v. ElliottSupreme Court of the United States · 1875
- Brackett v. . HarveyNew York Court of Appeals · 1883
- Blakeslee v. RossmanWisconsin Supreme Court · 1877
- Gardner v. . McEwenNew York Court of Appeals · 1859
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3Cited by1 opinion
- Hills v. WhiteNew York Supreme Court · 1893