Hull v. Carnley
The Superior Court of New York City
Appeal from a judgment at special term, in favor of the plaintiff. The cause, hy the consent of the parties, was tried hy the Chief Justice without a jury, in October, 1852. The action was brought to recover against the defendants the value of three lithographic presses and fourteen lithographic stones, and the following are the material facts, as stated in the pleadings, and established by the evidence.
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Appeal from a judgment at special term, in favor of the plaintiff. The cause, hy the consent of the parties, was tried hy the Chief Justice without a jury, in October, 1852. The action was brought to recover against the defendants the value of three lithographic presses and fourteen lithographic stones, and the following are the material facts, as stated in the pleadings, and established by the evidence. On the 14th of August, 1850, one Francis Michelin executed and delivered to the plaintiff a chattel, mortgage, covering the presses and stones in question, to secure the repayment of $230…
1Opinion of the CourtBy the Court. Duer, J.
A chattel mortgage in all cases' *105vests the legal title in the mortgagee, and where, by the terms of the instrument, he has the immediate right of possession, the property cannot be rightfully levied on and sold under an execution against the mortgagor, even when the possession has not, in fact, been changed. In these cases the mortgagee is, in judgment of law, the absolute owner. The mortgagor a mere bailee at sufferance. (Marsh v. Lawrence, 4 Cow. 469; Otis v. Wood, 3 Wend. 500; and McCracken v. Luce, cited in the opinion of the court; Bailey v. Burton, 8 Wend. 346; Mattison v. Baucus, 1…
2Cases cited6 opinions
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Walsh v. AdamsNew York Supreme Court · 1846
- BaileyCourt for the Trial of Impeachments and Correction of Errors · 1831
- Wood v. LowryNew York Supreme Court · 1837
- Otis v. WoodNew York Supreme Court · 1830
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Stewart v. SlaterThe Superior Court of New York City · 1856
- Thompson v. Van VechtenThe Superior Court of New York City · 1857
- Williston v. JonesThe Superior Court of New York City · 1857
- Fairbanks v. BloomfieldThe Superior Court of New York City · 1856
- Holden v. GibsonAppellate Court of Illinois · 1885