Marsden v. . Cornell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendants entered upon the decision of the court upon trial without - a jury. (Reported below, 2 Hun, 449; 5 T. & C., 27.) This action was brought to recover possession of a canal boat.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendants entered upon the decision of the court upon trial without - a jury. (Reported below, 2 Hun, 449; 5 T. & C., 27.) This action was brought to recover possession of a canal boat. Plaintiff claimed title by virtue of a chattel mortgage upon the boat executed by one Conly, the then owner, bearing date September 5th, 1870, given to secure the payment of certain promissory notes for the amounts and falling due, as stated in the mortgage, as follows: “$200…
1Opinion of the CourtFolger, J.
The plaintiff brings this action to recover the possession of a canal boat. He bases his right of possession upon a mortgage upon the boat, made by the owner at the time. It was never filed in the town of the residence of the mortgagor. (Laws of 1833, p. 435.) Such a mortgage is absolutely void against a subsequent bona fide purchaser, unless it, or a true copy of it, is filed in the office of the auditor of the canal department. (Laws of 1864, chap. 412, p. 993, §§ 1, 2.) The mortgage was dated September 5th, 1870, and a copy of it was filed in the office of the auditor on the twenty-second…
2Cases cited10 opinions
- Ely v. . CarnleyNew York Court of Appeals · 1859
- Meech v. . PatchinNew York Court of Appeals · 1856
- Lewis v. . PalmerNew York Court of Appeals · 1863
- Frost v. . WarrenNew York Court of Appeals · 1870
- Dillenback v. JeromeNew York Supreme Court · 1827
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3Cited by33 opinions
- Karst v. . GaneNew York Court of Appeals · 1893
- In re New York Economical Printing Co.Court of Appeals for the Second Circuit · 1901
- In Re MyersCourt of Appeals for the Second Circuit · 1928
- In re ThomasDistrict Court, N.D. New York · 1912
- In re Watts-Woodward Press, Inc.Court of Appeals for the Second Circuit · 1910
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