Ceas v. Bramley
New York Supreme Court
Appeal from a judgment of tbe County Court of Delaware county in favor of tbe plaintiff, entered upon tbe verdict of a jury, and from an order denying a motion for a new trial made upon a case and exceptions. Tbe action was brought by the plaintiff as administrator of tbe estate of his father, Jeremiah Ceas, to recover damages alleged to have been sustained by tbe wrongful conversion of a horse belonging to tbe intestate at tbe time of his death.
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Appeal from a judgment of tbe County Court of Delaware county in favor of tbe plaintiff, entered upon tbe verdict of a jury, and from an order denying a motion for a new trial made upon a case and exceptions. Tbe action was brought by the plaintiff as administrator of tbe estate of his father, Jeremiah Ceas, to recover damages alleged to have been sustained by tbe wrongful conversion of a horse belonging to tbe intestate at tbe time of his death. Tbe said Jeremiah Ceas died on the 25th of December, 1876, having this horse in his possession. The defendant was surety upon a note given by said…
1Opinion of the Court
Boardman, J. :
This was not a pledge because there was no delivery of the property to the defendant. (Edws. on Bail., §§ 176, 209.) Neither was it a chattel mortgage, because there was no absolute sale defeasible on condition, nor was there any delivery of the property by way of transfer of title as a security for a debt to be paid. (2 Wait, Act. & Dif., 165, etc.) A chattel mortgage may, doubtless, be made by parol, but in such case something more is necessary than mere words. In all the cases cited delivery of the mortgaged property accompanied the parol contract held to be a chattel…
2Cases cited6 opinions
- Levin v. . RussellNew York Court of Appeals · 1870
- Ackley v. FinchNew York Supreme Court · 1827
- Hunter v. . WetsellNew York Court of Appeals · 1874
- Ferguson v. Union Furnace Co.New York Supreme Court · 1832
- Davis v. MayorNew York Court of Appeals · 1856
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