Legal Opinion

Porter v. . Parmley

New York Court of Appeals

Decided February 4, 1873PublishedCited by 29 opinions

Appeal from a judgment. This was an action brought in the New York superior court for the conversion of plaintiff’s property. John F. Porter, on June 1, 1850, being the owner of certain furniture which was used in a hotel business, carried on by him and one Rathbun as partners, mortgaged the furniture to defendant by a chattel mortgage payable on demand.

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Appeal from a judgment. This was an action brought in the New York superior court for the conversion of plaintiff’s property. John F. Porter, on June 1, 1850, being the owner of certain furniture which was used in a hotel business, carried on by him and one Rathbun as partners, mortgaged the furniture to defendant by a chattel mortgage payable on demand. This mortgage was duly filed on June 15, 1850. On the day of the execution of the mortgage, and again some time in April, 1851, payment of the mortgage was demanded by defendant. On one occasion, and after the first demand, it was agreed…

1Opinion of the CourtPeckham, J.

By the terms of the mortgage it became due on demand, and a demand was made of payment fourteen days before it was filed, viz: June 15, 1850. A demand was again made in the month of April, 1851. It was provided that the mortgagor should remain in possession of the property mortgaged until default in payment.

The mortgage was not renewed by refiling within the year. It was filed some days after the year from its original filing expired. After the year expired, and before the mortgage was refiled, the mortgaged property was seized and sold under an execution against the mortgagor.

After the…

2Cases cited5 opinions

  1. Ely v. . CarnleyNew York Court of Appeals · 1859
  2. Manning v. . MonaghanNew York Court of Appeals · 1863
  3. Sands v. HildrethCourt for the Trial of Impeachments and Correction of Errors · 1817
  4. West v. . CraryNew York Court of Appeals · 1872
  5. Farmers' Bank v. CowanNew York Court of Appeals · 1865

3Cited by29 opinions

  1. In re New York Economical Printing Co.Court of Appeals for the Second Circuit · 1901
  2. Tremaine v. . MortimerNew York Court of Appeals · 1891
  3. Gerdine v. MenageSupreme Court of Minnesota · 1889
  4. In Re MyersCourt of Appeals for the Second Circuit · 1928
  5. Second National Bank v. GilbertIllinois Supreme Court · 1898

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