Chemung Canal Bank v. Payne
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by the Chemung Canal Bank against Benjamin N. Payne and others. From a judgment for plaintiff, defendants appeal. Affirmed. Argued before PARKER, P. J., and LANDON, HERRICK, PUTNAM, and MERWIN, JJ.
1Opinion of the CourtLandon, J.
The mortgage given by the defendants the members of the firm of B. W. Payne & Sons to the plaintiff, September 2, 1896, was of both real and personal estate. It was not filed as a chattel mortgage until September 30, 1896; and meantime the mortgagors remained in possession of all the property, both real and personal, except such of the personal property as they disposed of, in the usual course of their business, to parties other than the plaintiff. It was not the intention of the parties that the mortgagors should give the *878plaintiff immediate possession oí the personal property. The…
2Cases cited13 opinions
- Post v. . HoverNew York Court of Appeals · 1865
- Karst v. . GaneNew York Court of Appeals · 1893
- Cross v. United States Trust Co.New York Court of Appeals · 1892
- Stephens v. . PerrineNew York Court of Appeals · 1894
- Locke v. Farmers' Loan & Trust Co.New York Court of Appeals · 1893
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3Cited by1 opinion
- In re CarpenterU.S. Circuit Court for the District of Northern New York · 1903