Brown v. Bement & Strong
New York Supreme Court
' THIS was an action of trover, for three horses and a chair. The cause was tried at the Columbia circuit, in September, 1810, before Mr. Justice Thompson.
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' THIS was an action of trover, for three horses and a chair. The cause was tried at the Columbia circuit, in September, 1810, before Mr. Justice Thompson. The plaintiff proved, that he was possessed of the fi0rses an¿ chair, and that, afterwards, on the 26th April, 77 1 7 1810, he tendered the sum of 283 dollars and 5 cents to Bement, one of the defendants, and demanded the horses and chair, who refused to deliver them, and referred the plaintiff to Strong, the other defendant. The plaintiff, on the next day, made a tender of the same sum to Strong, anc* demanded the property, but Strong…
1Per curiam
The plaintiff has not shown a right of action. Here was a complete transfer of the title to the goods in question, with a condition of defeasance, on the payment of 210 dollars and 35 cents, in 14 days» This was a mortgage, not a technical pledge; and all that was said in the case of Cortelyou v. Lansing, (2 Caines’s Cases in Error, 200.) respecting the nature and redeemableness of pledges, has no application to the case. The distinction between a pledge and a mortgage of goods xvas recognised by this court in Barrow v. Paxton. *98(5 Johns. Rep. 258.) A mortgage of goods is a pledge and more ;…
2Cited by37 opinions
- Charter v. StevensNew York Supreme Court · 1846
- Rogers v. Trader's InsuranceNew York Court of Chancery · 1837
- Brownell v. HawkinsNew York Supreme Court · 1848
- Ackley v. FinchNew York Supreme Court · 1827
- McGinnis v. SavageWest Virginia Supreme Court · 1887
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