Zeiter v. Bowman & Linscott
New York Supreme Court
Demurrer to replication. The declaration was in replevin for one wagon, one plough, one cow, and other property. The defendants pleaded separately.
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Demurrer to replication. The declaration was in replevin for one wagon, one plough, one cow, and other property. The defendants pleaded separately. Bowman pleaded, 1st, the general issue; 2dly, property in himself; 3dly, that previous to the taking complained of, to wit, on the 1st of April, 1847, the plaintiff made and delivered to William N. Weaver, his certain personal mortgage upon the property in question, to secure the payment of $100 on or before the 1st of November, 1847, by which it was covenanted and agreed that in case default should be made in the payment of that sum, or if the…
1Opinion of the Court
By the Court, Allen, J.
Although the chattel mortgage under which the defendants seek to justify was not assignable or negotiable at law, still by the assignment Bowman had acquired rights and an interest in the debt secured and the property pledged, which courts of law as well as of equity will recognize and protect. (Jackson v. Blodget, 5 Cowen, 202. Anderson v. Van Allen, 12 John. 343. 9 Id. 64.) The replication does not aver that Bowman was a party to the suit for the foreclosure of the mortgage, or had notice of, and an opportunity to be heard on, the application for the order under…
2Cases cited3 opinions
- Bank of Ogdensburgh v. ArnoldNew York Court of Chancery · 1835
- Sea Insurance v. StebbinsNew York Court of Chancery · 1841
- Anderson v. Van AlenNew York Supreme Court · 1815
3Cited by6 opinions
- Douglass v. ClineCourt of Appeals of Kentucky · 1876
- Syracuse City Bank v. TallmanNew York Supreme Court · 1857
- Buchanan v. GriggsNebraska Supreme Court · 1885
- Leach v. KimballSupreme Court of New Hampshire · 1857
- Hailey v. AnoNew York Supreme Court · 1891
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