Martin v. Hill
New York Supreme Court
This was an action to recover the value of a pair of oxen, ox cart and yoke, tried at the Washington circuit, in June, 1851, before Hon. A. 0. Hand, J. The plaintiff proved that one Ashley E. Millard was indebted to him, and on the 30th of April, 1850, gave him a promissory note for the sum of $73,77 payable one day after date, and at the same time a chattel mortgage on the property in question, payable on the 1st day of April, 1851, with interest, being for the same debt…
Read the full summary
This was an action to recover the value of a pair of oxen, ox cart and yoke, tried at the Washington circuit, in June, 1851, before Hon. A. 0. Hand, J. The plaintiff proved that one Ashley E. Millard was indebted to him, and on the 30th of April, 1850, gave him a promissory note for the sum of $73,77 payable one day after date, and at the same time a chattel mortgage on the property in question, payable on the 1st day of April, 1851, with interest, being for the same debt specified in the note. The mortgage, which gave authority to the mortgagee to take possession of the property at any time,…
1Opinion of the CourtHand, J.
The note having been made here, and specifying no place of payment, the law of this state determines its nature, construction, obligation and effect. And the same rule applies to the mortgagee. (Story’s Confl. of Laws, § 317. Chitty on Cont. 91. 2 Kent, 454.) The validity of the mortgage, then, depends upon our law. The mortgage having been filed, and the jury having found for the plaintiff on the question of fraud, on this motion for judgment, on the verdict, it must be taken for granted that the mortgage is valid in this state. What view might be taken of this question, upon a case showing…
2Cases cited11 opinions
- Patchin v. PierceNew York Supreme Court · 1834
- Greenwood v. CurtisMassachusetts Supreme Judicial Court · 1810
- Holmes v. RemsenNew York Supreme Court · 1822
- Lincoln v. BattelleNew York Supreme Court · 1831
- Gardner v. ThomasNew York Supreme Court · 1817
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hornthal v. . BurwellSupreme Court of North Carolina · 1891
- Edgerly v. . BushNew York Court of Appeals · 1880
- Keenan v. StimsonSupreme Court of Minnesota · 1884
- Wilson v. RustadNorth Dakota Supreme Court · 1898
- Vanbuskirk v. WarrenNew York Supreme Court · 1860
3 more not listed; retrieve them via the Exa API.